Mensah & 3 Ors Vrs Boakye [2021] GHASC 141 (21 July 2021)

Mensah & 3 Ors Vrs Boakye [2021] GHASC 141 (21 July 2021)

The Supreme Court has the constitutional power under Article 129(4) to enforce its own judgments and orders directly, including consent judgments, and previous applications withdrawn or not determined on merits do not bar the applicants from seeking such enforcement. The respondent's outstanding obligations under the consent judgment are enforceable by the Supreme Court.

Citation
[2021] GHASC 141
Parties
Plaintiff/appellant/respondent/applicant: Most Rev. Dr. Robert Aboagye Mensah; Plaintiff/appellant/respondent/applicant: Most Rev. Dr. Joseph Osei Bonsu; Plaintiff/appellant/respondent/applicant: Rt. Rev. Daniel Yinkah Sarfo; Plaintiff/appellant/respondent/applicant: Edward Osei Boakye Trust Fund; Defendant/respondent/appellant/respondent: Yaw Boakye
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 July 2021
Procedural Posture
Civil Motion / Application for Leave to Execute Consent Judgment at Supreme Court
Outcome
application granted
Legal Topics
Enforcement of Judgments, Consent Judgments, Jurisdiction of Supreme Court, Estoppel, Abuse of Process
Source Language
English
Constitutional Law Civil Procedure Contract Law Enforcement of Judgments Consent Judgments Jurisdiction of Supreme Court Estoppel Abuse of Process

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Parties

Most Rev. Dr. Robert Aboagye Mensah

Plaintiff/appellant/respondent/applicant

Most Rev. Dr. Joseph Osei Bonsu

Plaintiff/appellant/respondent/applicant

Rt. Rev. Daniel Yinkah Sarfo

Plaintiff/appellant/respondent/applicant

Edward Osei Boakye Trust Fund

Plaintiff/appellant/respondent/applicant

Yaw Boakye

Defendant/respondent/appellant/respondent

Procedural Posture

Civil Motion / Application for Leave to Execute Consent Judgment at Supreme Court

Legal Issues

  1. 1 Whether the Supreme Court has power under Article 129(4) of the Constitution to enforce its own judgments and orders directly without reference to a lower court
  2. 2 Whether previous applications or rulings bar the applicants from seeking enforcement in the Supreme Court
  3. 3 Whether the respondent's outstanding obligations under the consent judgment are enforceable by the Supreme Court

Ratio Decidendi

The Supreme Court has the constitutional power under Article 129(4) to enforce its own judgments and orders directly, including consent judgments, and previous applications withdrawn or not determined on merits do not bar the applicants from seeking such enforcement. The respondent's outstanding obligations under the consent judgment are enforceable by the Supreme Court.

Court Disposition

application granted

Orders

  • Applicants granted leave to enforce any and all outstanding obligations of the respondent under the consent judgment by applying judgment enforcement rules of any court as provided under Article 129(4) of the Constitution