YANKEY VRS KOOMSON (A11/19/24) [2024] GHADC 107 (31 January 2024)

YANKEY VRS KOOMSON (A11/19/24) [2024] GHADC 107 (31 January 2024)

The Court is functus officio as the bail bond was already estreated in a previous case; therefore, the suit discloses no proper cause of action.

Citation
YANKEY VRS KOOMSON (A11/19/24) [2024] GHADC 107 (31 January 2024)
Parties
Plaintiff: Albert Yankey; Respondent: Emmanuel Koomson
Court
ghadc
Jurisdiction
Ghana
Judgment Date
31 January 2024
Procedural Posture
Civil / Judgment
Outcome
struck out
Legal Topics
Confiscation of Property, Bail Bond Estreatment, Functus Officio
Source Language
eng
Civil Procedure Confiscation of Property Bail Bond Estreatment Functus Officio

Case Brief

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Parties

Albert Yankey

Plaintiff

Emmanuel Koomson

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Court can order confiscation and sale of defendant’s house to settle police enquiry bail sum
  2. 2 Whether the Court has jurisdiction after estreatment of bail bond

Ratio Decidendi

The Court is functus officio as the bail bond was already estreated in a previous case; therefore, the suit discloses no proper cause of action.

Court Disposition

struck out

Orders

  • Suit struck out as evincing no proper cause of action