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AHMED MUDDY ADAM V. FRANK NUAMAH

(2020) JELR 109744 (SC)

Supreme Court  •  J4/68/2019  •  5 Feb 2020  •  Ghana

Coram
DOTSE, JSC (PRESIDING) GBADEGBE, JSC PWAMANG, JSC DORDZIE (MRS), JSC PROF. KOTEY JSC

Judgement

GBADEGBE JSC read the following judgment of the Court: 

The question for our determination in the exercise of our ultimate appellate  jurisdiction is whether the decision of the learned justices of the intermediate  appellate court which reversed the decision of the trial court in the matter herein  which turns upon the practice and procedure relating to the summary disposal of  actions under the Rules of Court was a correct exercise of their discretion. This is a  point of procedural importance related to the authority of courts to summarily  dispose of actions before them without going through a full-scale trial. In our  opinion, having regard to the increasing number of appeals emanating from  decisions rendered by trial judges and the intermediate appellate court which  unfortunately reveal a misunderstanding of the scope of the rules and the practice  relating to it, we would like to reiterate the exceptional nature of the power  conferred on courts to summarily dispose of action…

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