Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE REPUBLIC
V.
EMMANUEL SACKEY (REV.) & 5 ORS EX-PARTE: BANK OF GHANA

(2021) JELR 108996 (CA)    
Court of Appeal  ·  H1/200/2020 ·  27 May 2021 ·  Ghana
CORAM
ADJEI JA, MENSAH J.A, DODOO J.A

Ratio Decidendi

Core Terms Beta
appeal
ground
court of appeal rules
contempt
court of appeal
trial court
appellate jurisdiction
constitution
rule
6th appellant
circuit court
ground of appeal
grounds of appeal
law
misdirection
person
trial judge
1st-5th appellants
appeals
grounds
interlocutory appeals
matters
order of the high court
time frame
weight of evidence
applicable laws
constitutional provision
contents of a notice of appeal
creature of statute
criminal conviction
different sentences
error of law
faroe atlantic co. ltd
final appeals
general ground
high court
judgement of the high court
leave of the court of appeal
legal matters
philip bright mensah ja
previous decision
procedural laws of the court
provisions of this constitution
reasonable ground of appeal
speaking order of a court of competent jurisdiction
supreme court

JUDGMENT

ADJEI, J.A.

I had the benefit of the draft judgment of my brother Philip Bright Mensah JA and I am  in support of the reasoning and conclusion, however, I would like to discuss few matters  in my own words. An appeal is a creature of statute and a person who files an appeal  shall ensure that that person complies with the enactment creating the appeal together  with the procedural laws of the court seised with appellate jurisdiction. Article 137 of the  Constitution confers an appellate jurisdiction on the Court of Appeal to entertain appeals  from the judgement of the High Court. Article 137 of the Constitution provides thus: 

“(1) The Court of Appeal shall have jurisdiction throughout Ghana to hear and  determine, subject to the provisions of this Constitution, appeals from a  judgment, decree or order of the High Court and Regional Tribunals and such other  appellate jurisdiction as may be conferred on it by this Constitution or any other  law. 
(2) Except as otherwise prov…
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