Astute Legal Legends
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Your Legal Eye: Update #258
Your Legal Eye
Do you know that the original jurisdiction of the Supreme Court can be said to have been invoked whenever a genuine allegation is made by a person that an act or omission of any person, including the Executive and the Legislature, is violative of any provision of the Constitution and the person furnishes details or particulars of the alleged violation in a writ and statement of case which accords with the provisions of the rules of court and also shows on the face of it a prima facie case for investigation? AYARIGA VRS THE ATTORNEY-GENERAL (J1/20/2022) [2024] GHASC 29 (19 June 2024)
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Your Legal Eye: Update #257
Your Legal Eye
Do you know that it is a settled principle that the duty of an Appellant seeking
to overturn a decision by the exercise of discretion by a court is not to merely
repeat the same arguments before the appellate Court in the hope that it (the
appellate court) would exercise the discretion differently? NTAADU VRS BOAKYE (J4/32/2024) [2024] GHASC 54
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Your Legal Eye: Update #256
Your Legal Eye
Do you know that where there is in existence of a written document and oral evidence over a transaction, the practice in the Court is to consider both the oral and documentary evidence and often to lean favorably towards the documentary evidence, especially where the documentary evidence is found to be authentic and the oral evidence conflicting? Ansah-Djan v. Thompson & Anor [2023] GHASC 71 (21 June 2023), Duah vs Yorkwa [1993-94] GLR 217
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Your Legal Eye: Update #255
Your Legal Eye
Do you know that where a party seeks relief for a declaration of title to land, the law requires the person asserting title, and on whom the burden of persuasion falls, to prove the root of title, mode of acquisition and various acts of possession exercised over the land, the subject matter of litigation? MUNDIAL VENEER GH. LTD v. AMUAH GYEBU XV [2011] 1 SCGLR 466 @475, per WOOD CJ.
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Your Legal Eye: Update #254
Your Legal Eye
Do you know that Statutory Declarations are to be considered serious, solemn and sacred documents which should be treated seriously hence the creation of a criminal offence for those who willingly and knowingly make false declaration? The Court of Appeal in Baddoo & 3 Ors v. Okpe Li & 5 Ors [2023] GHASC 87 (12 July 2024), relying on the case of Gregory v. Tandoh IV and Hanson (2010) SCGLR 971
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Your Legal Eye: Update #253
Your Legal Eye
Do you know that when parties settle an action whether in or out of court simpliciter, the cause of action involved in such settlement is gone and is replaced by such settlement. Upon breach of the settlement the innocent party's remedy is not to reopen the litigation so settled but to bring an action to enforce the settlement, it being an enforceable contract between the parties involved. REPUBLIC VRS. HIGH COURT, ACCRA, EX-PARTE DEBORAH ATAKORAH {BILLY CUDJOE- INTERESTED PARTY) [2015-2016) 1 SCGLR 298.
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Your Legal Eye: Update #252
Your Legal Eye
Do you know that if a party is denied the right to be heard in a matter, it constitutes a fundamental error for proceedings in that matter to be declared a nullity? However, where an employee has been found to have engaged in gross misconduct, even a summary dismissal would not be considered as breach of the principles of fair hearing. Gavor v. Bank of Ghana [2013-2014] 2 SCGLR 1081, as re-echoed by the Supreme Court in Allotey v. Electricity Company Ltd [2023] GHASC 81(5th July 2023).
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Your Legal Eye: Update #251
Your Legal Eye
Do you know that the two grounds on which the Supreme Court may grant an application for review of its decision are where after the decision there has been the discovery of new and important matter or evidence and where there are exceptional circumstances that have resulted in a substantial miscarriage of justice?
Irene Tetteh Enyo v. Electricity Company of Ghana Ltd (Civil Motion No. 37/02/2023 dated 26th April 2023)
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Your Legal Eye: Update #250
Your Legal Eye
Do you know that where a document is unstamped, a trial court has no discretion in admitting the document and where same has already been admitted in evidence, that admission will constitute an illegality and in pronouncing judgment, such judgment should be rejected? *Amidu vrs. Attorney General & Anor (2018-2019) 1 GLR 215.*
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Your Legal Eye: Update #249
Your Legal Eye
Do you know that writing is not a requisite to a customary grant in land transactions? An indenture or a conveyance only supplements a customary grant and the absence of the indenture does not make a grant made under customary law invalid. Adisa Boya v Zenabu Mohammed & Mujeeb (2018).
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Your Legal Eye: Update #248
Your Legal Eye
Do you know that the production of a land title certificate is a presumption of ownership raised by a claimant which like all presumptions is rebuttable? ELECTROLAND GHANA LIMITED VRS MADAM PAULINA ADOMAKO (J4/47/2023) [2024] GHASC 10 (28 February 2024)
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Your Legal Eye: Update #247
Your Legal Eye
Do you know that the administrator of an estate may be liable for intermeddling if he acted before letters of administration were granted to him by a court of competent jurisdiction but he may be exonerated from such liability where the action he took was for the benefit of the estate? IN RE APAU (DECD); APAU V OCANSEY [1993-94]1 GLR 146 (CA)
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