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THE REPUBLIC
V.
HIGH COURT (GENERAL JURISDICTION 8), ACCRA EX PARTE DANIEL OFORI

(2025) JELR 113327 (SC)

Supreme Court 22 Jan 2025 Ghana
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- The Supreme Court (majority) held that the High Court possesses jurisdiction to entertain an action to set aside its judgment on grounds of fraud and, consequent to such an action and a pending appeal, may grant an interlocutory injunctio

Case Details

Suit Number:J5/93/2024
Judges:LOVELACE–JOHNSON (MS) JSC (PRESIDING) ASIEDU JSC GAEWU JSC DARKO ASARE JSC ADJEI-FRIMPONG JSC
Counsel:TSATSU TSIKATA ESQ. FOR THE APPLICANT WITH THADDEUS SORY ESQ. AND NANA BOAKYE MENSA-BONSU ESQ. SEKYERE DUODU ESQ FOR THE INTERESTED PARTY WITH SAMUEL ADUAMUAH ADDO ESQ

MAJORITY OPINION

ASIEDU, JSC.

[1.0]. INTRODUCTION

This application for the exercise of the supervisory jurisdiction of this Court, seeks an order of certiorari to quash the ruling of the High Court, dated the 5th day of June 2024, in the case bearing suit number CM/MISC/0829/2021 titled Daniel Ofori vs. Ecobank Ghana Limited. The application also seeks a declaration that the High Court has no jurisdiction to entertain any application to stay execution of a judgment of the Supreme Court, and finally, an order of prohibition restraining the High Court from entertaining any proceedings and/or applications to restrain the execution proceedings (sic) commenced in the suit intituled Daniel Ofori vs Ecobank Ghana Limited (Suit No. CM/MISC/0829/2021) as ordered by the Supreme Court.

[1.1] FACTS:

The applicant says in the supporting affidavit, among others, that the Supreme Court, on the 25th July 2018, entered judgment in his favour to recover the sum of GH₵96,304,972.41 from the Interested Party …

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