SABAT MOTORS LIMITED
V.
THE EXECUTIVE DIRECTOR SERIOUS FRAUD OFFICE

(2000) JELR 65753 (SC)    
Supreme Court  ·  CIVIL MOTION NO. 32/99 ·  26 Jan 2000 ·  Ghana
CORAM
WIREDU J.S.C. (PRESIDING), KPEGAH J.S.C., ADJABENG J.S.C., ACQUAH J.S.C., AKUFFO J.S.C.
Core Terms Beta
consequential orders
tribunal
applicants’ complaint
freezing of the applicants assets
law
15th april
accra regional tribunal
act
affidavit
apparent error of law
applicants
application
case
complaint of the applicants
confirmation
consideration
evidence
excess of its jurisdiction
extent
face of the record
facts
further orders
j.s.c.
jurisdiction
legal justification
matter
orders
otherwise support of the view
powers of the tribunal
respect of the matter
resultant consequential orders
serious fraud act
tribunal’s orders
ultra vires
view
wiredu

RULING

WIREDU, J.S.C.:

The complaint of the Applicants in this case is that the “Consequential Orders” made by the Accra Regional Tribunal in respect of the matter raised before it for consideration under the Serious Fraud Act 1999 (Act 464) which has culminated in the Tribunal’s Orders of 15th April, 1999 were ultra vires the powers of the Tribunal. The Applicants contend that the Tribunal was required under the law supra either to confirm the freezing of the Applicants assets or refuse the confirmation and nothing more. We have carefully looked at the law and we are of the view that the Applicants’ complaint is justified and unanswerable. There is an apparent error of law on the face of the record and we think the Applicants’ complaint that the Tribunal exceeded its jurisdiction by making further Consequential Orders after it had confirmed the freezing of the Applicants assets is right. These Consequential Orders therefore must not be allowed to stand. By calling for evidence whether …

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 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login