Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



SUNBELTIC COMPANY LIMITED
V.
TEMA DEVELOPMENT CORPORATION & 2 ORS

(2021) JELR 107959 (SC)    
Supreme Court  ·  J4/04/2020 ·  14 Apr 2021 ·  Ghana
CORAM
BAFFOE-BONNIE, JSC (PRESIDING) PWAMANG, JSC AMADU, JSC PROF. MENSA-BONSU, (MRS.) JSC KULENDI, JSC

Ratio Decidendi

Core Terms Beta
appeal
respondent
court of appeal
hearing notice
appellants
counsel
discretion
oseawuo chambers
proper service
affidavit of service
decision of the court of appeal
frivolous case
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applicant’s lawyer
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hearing of the appeal
law firm of the appellant
natural persons
relevant matters
search results
such terms
wigatap ltd.
additional high court judge
appeal of the respondent
appellant fails
arguments of the appellants
court of appeal rules
exercise of such discretion
face of his affidavit
following grounds
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h.l
holding of the court of appeal
legal persons
legal principle
name of an individual
proof of service
proper exercise of its discretionary powers
real issues
respect of the appeal
respondent counsel’s second submission
said date
service of court processes
specific person
sufficient reason
support of their motion
united states dollars
weight of evidence

JUDGMENT

KULENDI, JSC

INTRODUCTION 

We have before us, an appeal from the decision of the Court of Appeal (Civil Division), Accra dated 11th February, 2019 re-listing an appeal filed by the Respondent which was earlier struck out for want of prosecution on 7th November, 2018. 

BACKGROUND

Following the judgment of the trial High Court, Tema, presided over by Avril Lovelace Johnson, JA, sitting as an additional High Court Judge, dated 28th May, 2015, the Respondent herein filed an appeal to the Court of Appeal. The Parties filed their written submissions in respect of the Appeal and hearing of the appeal was fixed for 7th November, 2018. On the said date, both the Respondent and his Counsel were absent from Court and the Appeal was consequently struck out for want of prosecution by the Court of Appeal. 

Subsequently, the Respondent filed an application to re-list the Appeal and this application was granted on 11th February, 2019. Aggrieved by the decision of the Court of Appeal to re-list the…

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