The Supreme Court dismissed an appeal over salary arrears and migration to the public service payroll, holding the appellant was a temporary worker whose contract had expired.
Supreme Court land appeal on boundary dispute, res judicata, and trespass. Court restored the High Court judgment for the plaintiff and rejected a nullity challenge to the appeal.
C. C. W. Ltd Vrs Accra Metropolitan Assembly [2021] GHASC 15 (31 March 2021)
Court
Supreme Court
The Court of Appeal erred by allowing legal issues not pleaded or raised at trial to be argued on appeal without leave and without giving the plaintiff an opportunity to respond. The plaintiff proved, on a balance of probabilities, her contribution to the acquisition of property based on a promise to marry, entitling her to equitable relief by way of constructive trust. The defendant failed to prove sole ownership or entitlement to the vehicle. The High Court's judgment is restored, save for costs paid to the 1st defendant.
Ogyeedom Obranu Kwesi Atta Vi Vrsghana Telecommunication Co. Ltd & Anor [2021] GHASC 163 (31 March 2021)
Court
Supreme Court
The Supreme Court granted a respondent leave to adduce fresh evidence in rebuttal after the appellant had already been allowed fresh evidence on appeal.
Larbi Vrs Tema Development Coperation [2020] GHASC 7 (19 February 2020)
Court
Supreme Court
The Defendants failed to demonstrate that the evidence sought to be adduced was not available to them or could not have been obtained with reasonable diligence during the trial. The criterion for admitting fresh evidence on appeal was not met, as the Defendants were in possession of the documents and did not exercise the required diligence.
Larbi Vrs Tema Development Corporation [2020] GHASC 86 (19 February 2020)
Court
Supreme Court
The Supreme Court dismissed an appeal against refusal to admit fresh evidence, holding the applicant failed to show reasonable diligence under Rule 26.
The Court of Appeal erred in admitting and acting on a second notice of appeal filed without leave, contrary to binding Supreme Court authority. On the merits, the plaintiff was the first purchaser from the common grantor, registered her interest, and was in possession before the defendant's grantor acquired title. The family did not act timeously to set aside the plaintiff's grant. It would be inequitable to deny the plaintiff title; thus, the trial court's judgment in her favour is restored.
The Supreme Court dismissed an appeal in a land dispute, upholding the plaintiff family’s possessory rights, trespass damages, and an order restraining interference.
Republic Vrs Kumasi Traditional Council; Ex Parte Owusu and Bonsu [2016] GHASC 55 (28 July 2016)
Court
Supreme Court
The Court of Appeal exercised its discretion judicially in admitting the late written submission, as it had adequate material and acted within the amended rules, so there is no basis for appellate interference.
Mining and Building Contractors Ltd Vrs Anglogold Ashanti Ghana Ltd [2016] GHASC 16 (19 May 2016)
Court
Supreme Court
The Supreme Court refused special leave to appeal, holding that the applicant failed to show a sufficient reason to ignore the appeal time limits or a failure of justice.