Customer Support

OKOFOH ESTATES LTD
V.
MODERN SIGNS LTD AND ANOTHER

(1996) JELR 68075 (SC)

Supreme Court 23 Jul 1996 Ghana
BriefBot icon

BriefBot Summary

Free

- The Supreme Court granted certiorari and quashed the High Court’s summary dismissal of the plaintiff’s land claim for non-disclosure of cause of action, holding that the High Court improperly relied on affidavit evidence and extrinsic doc

Case Details

Judges:AIKINS JSC, EDWARD WIREDU JSC, CHARLES HAYFRON-BENJAMIN JSC, AKUFFO JSC, ATUGUBA JSC
Counsel:ZWENNES FOR THE PLAINTIFF-APPLICANT; E D KOM (WITH HIM CATHERINE HODASI) FOR THE FIRST RESPONDENT.,EKOW AWOONOR (WITH HIM EUGENE GLOVER TAY) FOR THE SECOND RESPONDENT.
Other Citations:[1995-96] 1 GLR 310

AKUFFO JSC: Akuffo JSC delivered the first ruling at the invitation of Aikins JSC. This is an application for an order that:

“The proceedings and the ruling or judgment of the High Court of justice per Essilfie-Bondzie JA sitting in the High Court, dated 1 February 1996 in suit No L 567/95 be brought up to this court for the purpose of being quashed and that the same be quashed and further that this court do order that the said action in the High Court suit No L 567/95 proceed to trial in the normal course.”

The grounds for the application are set out in the applicant’s notice of motion and as additional grounds in paragraph (4) of the applicant’s statement of case. In sum, the applicant is challenging the validity of the judgment on the grounds of breach of the rules of natural justice; lack of jurisdiction; and an apparent error of law on the face of the record. The first respondent filed an affidavit in opposition to the application, and, also, filed a notice of preliminary objection…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.