Siripi Vrs Impraim & 2 Ors [2022] GHASC 97 (15 November 2022)

Siripi Vrs Impraim & 2 Ors [2022] GHASC 97 (15 November 2022)

The transfer of the case from High Court Agona Swedru to High Court Winneba was not effected by an order under the hand of the Chief Justice as required by Section 104 (1)-(3) of the Courts Act, 1993 (Act 459). The Registrar had no authority to transfer the case. Consequently, the High Court, Winneba, lacked jurisdiction, rendering all proceedings and judgments a nullity. The Court of Appeal erred in upholding the trial court's decision.

Citation
[2022] GHASC 97
Parties
Plaintiff/respondent/respondent: Ebusuapanyin Kobina Siripi; 1st Defendant: Esi Impraim; 2nd Defendant/appellant/appellant: Adjoa Amoasiwa; 3rd Defendant/appellant/appellant: Aya Kwalamba
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
15 November 2022
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal allowed; judgments of High Court and Court of Appeal set aside
Legal Topics
Jurisdiction, Transfer of Cases, Family Property, Statutory Compliance
Source Language
English
Civil Procedure Property Law Constitutional Law Jurisdiction Transfer of Cases Family Property Statutory Compliance

Case Brief

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Parties

Ebusuapanyin Kobina Siripi

Plaintiff/respondent/respondent

Esi Impraim

1st Defendant

Adjoa Amoasiwa

2nd Defendant/appellant/appellant

Aya Kwalamba

3rd Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the High Court, Winneba, had jurisdiction to hear the case transferred from High Court Agona Swedru without compliance with Section 104 (1)-(3) of the Courts Act, 1993 (Act 459)
  2. 2 Whether the proceedings and judgment of the High Court, Winneba, are a nullity for want of jurisdiction due to improper transfer

Ratio Decidendi

The transfer of the case from High Court Agona Swedru to High Court Winneba was not effected by an order under the hand of the Chief Justice as required by Section 104 (1)-(3) of the Courts Act, 1993 (Act 459). The Registrar had no authority to transfer the case. Consequently, the High Court, Winneba, lacked jurisdiction, rendering all proceedings and judgments a nullity. The Court of Appeal erred in upholding the trial court's decision.

Court Disposition

appeal allowed; judgments of High Court and Court of Appeal set aside

Orders

  • The appeal is allowed.
  • The judgments of the High Court, Winneba, and the Court of Appeal, Cape Coast, are set aside.