The Republic Vrs Darko Ex Parte Owusu [2021] GHASC 116 (3 February 2021)

The Republic Vrs Darko Ex Parte Owusu [2021] GHASC 116 (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 decision is set aside. The High Court's decision convicting the respondent for contempt is restored.

Citation
[2021] GHASC 116
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
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 Land Law Appeals Review Applications Contempt Proceedings Restoration of Suits Procedural Nullity

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Parties

Lufus Owusu

Applicant/respondent/appellant

Okyere Darko

Respondent/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the Court of Appeal erred in entertaining an appeal after a review application had been made and determined
  2. 2 Whether the restoration of a dismissed suit by the High Court was valid
  3. 3 Whether the respondent was properly convicted for contempt of court

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 decision is set aside. The High Court's decision convicting the respondent for contempt is restored.

Court Disposition

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

Orders

  • Court of Appeal decision quashed as a nullity
  • High Court decision of 30th April 2015 restored