OCANSEY & ORS VRS FIANKO-AWUKU & 3 ORS (J4/73/2023) [2024] GHASC 50 (13 November 2024)

OCANSEY & ORS VRS FIANKO-AWUKU & 3 ORS (J4/73/2023) [2024] GHASC 50 (13 November 2024)

The Court of Appeal, fully constituted, had jurisdiction and discretion to reverse the substitution of Gladys Nartey for Charles Fiifi Ocansey, as her submissions were adverse to the interests of the party substituted and the plaintiffs' case. No statutory time limit barred the reversal, and the Single Justice's order was not binding on the full court. The appeal lacked merit and was dismissed.

Citation
OCANSEY & ORS VRS FIANKO-AWUKU & 3 ORS (J4/73/2023) [2024] GHASC 50 (13 November 2024)
Parties
1st Plaintiff/respondent: Albert Joojo Ocansey (substituted by Sigismund Ocansey); 2nd Plaintiff/respondent/appellant: Charles Fiifi Ocansey (substituted by Gifty Nartey); 3rd Plaintiff/respondent: Shakinah Baah; Defendant/appellant: Mr. F. F. Fianko-Awuku; Defendant/appellant: Mr. W. M. B. Kissie; Defendant/appellant: Mr. Kofi Blankson Ocansey; Defendant/appellant: Mr. Davis Kudoadzi; Applicant/respondent: Teresa Ocansey
Court
ghasc
Jurisdiction
Ghana
Judgment Date
13 November 2024
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Substitution of Parties, Powers of Single Justice, Probate, Appeals, Reasonable Time for Applications
Source Language
eng
Civil Procedure Succession Law Constitutional Law Substitution of Parties Powers of Single Justice Probate Appeals Reasonable Time for Applications

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Parties

Albert Joojo Ocansey (substituted by Sigismund Ocansey)

1st Plaintiff/respondent

Charles Fiifi Ocansey (substituted by Gifty Nartey)

2nd Plaintiff/respondent/appellant

Shakinah Baah

3rd Plaintiff/respondent

Mr. F. F. Fianko-Awuku

Defendant/appellant

Mr. W. M. B. Kissie

Defendant/appellant

Mr. Kofi Blankson Ocansey

Defendant/appellant

Mr. Davis Kudoadzi

Defendant/appellant

Teresa Ocansey

Applicant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the Court of Appeal erred in reversing the substitution of Gladys Nartey for Charles Fiifi Ocansey
  2. 2 Whether the reversal of a Single Justice's order by the full bench was valid
  3. 3 Whether the substituted party's submissions were adverse to the interests of the party substituted

Ratio Decidendi

The Court of Appeal, fully constituted, had jurisdiction and discretion to reverse the substitution of Gladys Nartey for Charles Fiifi Ocansey, as her submissions were adverse to the interests of the party substituted and the plaintiffs' case. No statutory time limit barred the reversal, and the Single Justice's order was not binding on the full court. The appeal lacked merit and was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Court of Appeal's reversal of substitution upheld
  • Teresa Ocansey substituted for Charles Fiifi Ocansey as 2nd Plaintiff