Board Of Governors, Achimota School Vrs Nortei Ii [2020] GHASC 122 (20 May 2020)

Board Of Governors, Achimota School Vrs Nortei Ii [2020] GHASC 122 (20 May 2020)

The Supreme Court (majority) held that the Board of Governors of Achimota School had capacity to sue, as accrued rights and the practical existence of such boards were not extinguished by the repeal of CAP 114 and Act 87, and that the absence of explicit statutory provision in Act 778 constituted a casus omissus which the court could fill by reference to legislative intent and public practice. The plaintiff was not a party or privy to the earlier suit and was not bound by its outcome; the rule in Lamptey v Hammond did not preclude the present action, especially where fraud was alleged. The appeal was allowed, the Court of Appeal decision set aside, and the matter remitted to the High...

Citation
[2020] GHASC 122
Parties
Plaintiff/respondent/appellant: Board of Governors, Achimota School; 1st Defendant/appellant/respondent: Nii Ako Nortei II (sued as Mankralo or Acting Chief of Osu of Division of Ga State); 2nd Defendant: Platinum Equities Limited; 3rd Defendant/respondent/respondent: Lands Commission
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
20 May 2020
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal allowed; Court of Appeal judgment set aside; case remitted to High Court for trial on merits.
Legal Topics
Capacity to Sue, Res Judicata, Abuse of Process, Fraud in Obtaining Judgment, Interpretation of Statutes, Joinder of Parties, Effect of Repealed Statutes
Source Language
English
Administrative Law Land Law Education Law Civil Procedure Capacity to Sue Res Judicata Abuse of Process Fraud in Obtaining Judgment +3 more

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Parties

Board of Governors, Achimota School

Plaintiff/respondent/appellant

Nii Ako Nortei II (sued as Mankralo or Acting Chief of Osu of Division of Ga State)

1st Defendant/appellant/respondent

Platinum Equities Limited

2nd Defendant

Lands Commission

3rd Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the Board of Governors of Achimota School has capacity to sue after repeal of its enabling statute
  2. 2 Whether the plaintiff is bound by previous judgments to which it was not a party (res judicata/abuse of process)
  3. 3 Whether the procedure adopted to set aside the previous judgment was proper

Ratio Decidendi

The Supreme Court (majority) held that the Board of Governors of Achimota School had capacity to sue, as accrued rights and the practical existence of such boards were not extinguished by the repeal of CAP 114 and Act 87, and that the absence of explicit statutory provision in Act 778 constituted a casus omissus which the court could fill by reference to legislative intent and public practice. The plaintiff was not a party or privy to the earlier suit and was not bound by its outcome; the rule in Lamptey v Hammond did not preclude the present action, especially where fraud was alleged. The appeal was allowed, the Court of Appeal decision set aside, and the matter remitted to the High...

Court Disposition

Appeal allowed; Court of Appeal judgment set aside; case remitted to High Court for trial on merits.

Orders

  • Court of Appeal judgment dated 2nd November 2017 set aside.
  • Ruling of High Court (Judge No. 4) dated 20th July 2016 restored.