Republic Vrs Darko Ex-parte:lufus Owusu [2021] GHASC 9 (3 February 2021)

Republic Vrs Darko Ex-parte:lufus Owusu [2021] GHASC 9 (3 February 2021)

The respondent, having elected to apply for review of the High Court decision, was procedurally barred from appealing the same decision. The appeal to the Court of Appeal was a nullity, and its judgment is set aside. The High Court's decision is restored.

Citation
[2021] GHASC 9
Parties
Applicant/respondent/appellant: Lufus Owusu; Respondent/appellant/respondent: Okyere Darko
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
3 February 2021
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal Decision
Outcome
appeal allowed; Court of Appeal decision set aside; High Court decision restored
Legal Topics
Appeals, Review Applications, Contempt Proceedings, Restoration of Suits, Procedural Nullity
Source Language
English
Civil Procedure Contempt of Court Appeals Review Applications Contempt Proceedings Restoration of Suits Procedural Nullity

Case Brief

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Parties

Lufus Owusu

Applicant/respondent/appellant

Okyere Darko

Respondent/appellant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Court of Appeal erred in entertaining an appeal after a review application had been made and determined in the High Court
  2. 2 Whether the restoration of a dismissed suit by the High Court was a nullity
  3. 3 Whether the conviction for contempt was proper in law

Ratio Decidendi

The respondent, having elected to apply for review of the High Court decision, was procedurally barred from appealing the same decision. The appeal to the Court of Appeal was a nullity, and its judgment is set aside. The High Court's decision is restored.

Court Disposition

appeal allowed; Court of Appeal decision set aside; High Court decision restored

Orders

  • Court of Appeal judgment set aside as a nullity
  • High Court decision of 30th April 2015 restored