REPUBLIC VRS. DARKO (J4/48/2019) [2021] GHASC 208 (3 February 2021)

REPUBLIC VRS. DARKO (J4/48/2019) [2021] GHASC 208 (3 February 2021)

The Respondent, having elected to apply for review of the High Court's decision, was precluded by Order 42 of C.I. 47 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 conviction and sentence for contempt are restored.

Citation
[2021] GHASC 208
Parties
Applicant/respondent/appellant: Lufus Owusu; Respondent/appellant/respondent: Okyere Darko
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
3 February 2021
Case Number
J4/48/2019
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal allowed; Court of Appeal decision set aside; High Court decision restored.
Legal Topics
Restoration of Suits, Interlocutory Injunctions, Contempt Proceedings, Review Vs. Appeal Procedures, Jurisdiction of Appellate Courts
Source Language
English
Civil Procedure Contempt of Court Land Law Restoration of Suits Interlocutory Injunctions Contempt Proceedings Review Vs. Appeal Procedures Jurisdiction of Appellate Courts

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 3 Authorities cited 14 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Lufus Owusu

Applicant/respondent/appellant

Okyere Darko

Respondent/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether a party who applies for review of a High Court decision can subsequently appeal the same decision under Order 42 of C.I. 47
  2. 2 Whether the Court of Appeal had jurisdiction to entertain the appeal after a review application had been made and determined
  3. 3 Whether the restoration of a dismissed suit automatically revives an interlocutory injunction

Ratio Decidendi

The Respondent, having elected to apply for review of the High Court's decision, was precluded by Order 42 of C.I. 47 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 conviction and sentence for contempt are restored.

Court Disposition

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

Orders

  • Court of Appeal's decision quashed as a nullity.
  • High Court's conviction and sentence for contempt restored.