Board Of Governors, Achimota School Vrs Nii Ako Nortei Ii Sued As “mankralo Or Acting Chief Of Osu Of Division Of Ga State and Others [2020] GHASC 20 (20 May 2020)

Board Of Governors, Achimota School Vrs Nii Ako Nortei Ii Sued As “mankralo Or Acting Chief Of Osu Of Division Of Ga State and Others [2020] GHASC 20 (20 May 2020)

The Supreme Court (majority) held that the Board of Governors of Achimota School has capacity to sue, as accrued rights and capacity under CAP 114 were not extinguished by subsequent repeals, and the legislative intent and practice support the continued existence of such boards. The plaintiff was not a party or privy to the earlier suit, was not notified, and fraud was sufficiently pleaded. The doctrines of res judicata and abuse of process do not bar the suit. The Court of Appeal's decision was set aside, and the matter remitted to the High Court for trial on the merits. (Dissent: The plaintiff lacked capacity as no statutory basis exists under current law, and the suit is a nullity.)

Citation
[2020] GHASC 20
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 (majority); Court of Appeal judgment set aside; case remitted to High Court for trial on merits. (Dissent: Appeal dismissed for want of capacity.)
Legal Topics
Capacity to Sue, Res Judicata, Abuse of Process, Fraud in Obtaining Judgment, Interpretation of Statutes, Joinder of Parties, Effect of Repealed Statutes, Standing/locus Standi
Source Language
English
Land Law Administrative Law Education Law Civil Procedure Capacity to Sue Res Judicata Abuse of Process Fraud in Obtaining Judgment +4 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 as a privy of the Lands Commission or Attorney-General
  3. 3 Whether the doctrine of res judicata or abuse of process bars the plaintiff's suit

Ratio Decidendi

The Supreme Court (majority) held that the Board of Governors of Achimota School has capacity to sue, as accrued rights and capacity under CAP 114 were not extinguished by subsequent repeals, and the legislative intent and practice support the continued existence of such boards. The plaintiff was not a party or privy to the earlier suit, was not notified, and fraud was sufficiently pleaded. The doctrines of res judicata and abuse of process do not bar the suit. The Court of Appeal's decision was set aside, and the matter remitted to the High Court for trial on the merits. (Dissent: The plaintiff lacked capacity as no statutory basis exists under current law, and the suit is a nullity.)

Court Disposition

Appeal allowed (majority); Court of Appeal judgment set aside; case remitted to High Court for trial on merits. (Dissent: Appeal dismissed for want of capacity.)

Orders

  • Court of Appeal judgment dated 2nd November 2017 set aside
  • Suit No. LD/0352/2016 to proceed in the High Court, Accra pursuant to the Ruling of Judge No. 4 dated 20th July 2016