Enyerem Vrs Logistics Inc Ltd and Others [2016] GHASC 25 (5 December 2016)

Enyerem Vrs Logistics Inc Ltd and Others [2016] GHASC 25 (5 December 2016)

The Attorney-General can represent the Registrar, High Court, Tema (6th Defendant) in the pending civil suit because such representation does not, in the circumstances of this case, undermine judicial independence, create a conflict of interest, or compromise the office of the Registrar. Each case must be assessed individually, but on these facts, the representation is legitimate and constitutional.

Citation
[2016] GHASC 25
Parties
Plaintiff: Frank Otah Enyerem; 1st Defendant: Logistics Inc. Limited; 2nd Defendant: Mr. Dompreh; 3rd Defendant: P. S. C. Tema Shipyard Ltd; 4th Defendant: Maxwell Forson; 5th Defendant: Seth Kublenu; 6th Defendant: The Registrar, High Court, Tema
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
5 December 2016
Procedural Posture
Constitutional Reference / Judgment on Preliminary Objection (reference From High Court)
Outcome
Preliminary objection dismissed; Attorney-General permitted to represent 6th Defendant
Legal Topics
Attorney General's Representation, Judicial Independence, Separation of Powers
Source Language
English
Constitutional Law Civil Procedure Attorney General's Representation Judicial Independence Separation of Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Frank Otah Enyerem

Plaintiff

Logistics Inc. Limited

1st Defendant

Mr. Dompreh

2nd Defendant

P. S. C. Tema Shipyard Ltd

3rd Defendant

Maxwell Forson

4th Defendant

Seth Kublenu

5th Defendant

The Registrar, High Court, Tema

6th Defendant

Procedural Posture

Constitutional Reference / Judgment on Preliminary Objection (reference From High Court)

Legal Issues

  1. 1 Whether the Attorney-General can properly represent the Registrar, High Court, Tema (a judicial officer) in a civil suit under the 1992 Constitution
  2. 2 Whether such representation contravenes the independence of the Judiciary as guaranteed by the Constitution

Ratio Decidendi

The Attorney-General can represent the Registrar, High Court, Tema (6th Defendant) in the pending civil suit because such representation does not, in the circumstances of this case, undermine judicial independence, create a conflict of interest, or compromise the office of the Registrar. Each case must be assessed individually, but on these facts, the representation is legitimate and constitutional.

Court Disposition

Preliminary objection dismissed; Attorney-General permitted to represent 6th Defendant

Orders

  • The High Court, Tema, or any other presiding Judge, is to continue the suit with the Attorney-General representing the 6th Defendant in terms of the Supreme Court's orders and judgment.