Mensah and Others Vrs Boakye [2021] GHASC 90 (21 July 2021)

Mensah and Others Vrs Boakye [2021] GHASC 90 (21 July 2021)

The Supreme Court is vested with the constitutional power under Article 129(4) to enforce its own judgments and orders directly, and the Applicants are entitled to leave to execute the outstanding obligations under the consent judgment, including payment of rent and allocation of office space, as these are binding and executable.

Citation
[2021] GHASC 90
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
Outcome
application granted
Legal Topics
Enforcement of Judgments, Consent Judgments, Jurisdiction of Supreme Court, Abuse of Process, Estoppel
Source Language
English
Constitutional Law Civil Procedure Contract Law Enforcement of Judgments Consent Judgments Jurisdiction of Supreme Court Abuse of Process Estoppel

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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

Legal Issues

  1. 1 Whether the Supreme Court has power under Article 129(4) of the Constitution to enforce its own judgments and orders without reference to a lower court
  2. 2 Whether the Applicants are entitled to leave to execute the consent judgment for outstanding obligations

Ratio Decidendi

The Supreme Court is vested with the constitutional power under Article 129(4) to enforce its own judgments and orders directly, and the Applicants are entitled to leave to execute the outstanding obligations under the consent judgment, including payment of rent and allocation of office space, as these are binding and executable.

Court Disposition

application granted

Orders

  • Applicants are granted leave to execute all outstanding obligations of the Respondent under the consent judgment, including payment of US$2,520,000.00 in rent and allocation of office space, by applying judgment enforcement rules of any court as provided under Article 129(4) of the Constitution.