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EBUSUAPANYIN KOBINA SIRIPA V. ESI IMPRAIM & 2 ORS

(2022) JELR 110062 (SC)

Supreme Court  •  J4/02/2022  •  15 Nov 2022  •  Ghana

Coram
BAFFOE-BONNIE JSC (PRESIDING) PROF. KOTEY JSC LOVELACE-JOHNSON (MS.) JSC AMADU JSC PROF. MENSA-BONSU (MRS.) JSC

Judgement

AMADU JSC

INTRODUCTION

  1. The issue for our determination in this appeal is very technical indeed. The Defendants/Appellants/Appellants herein, convinced that the statutory power of the Chief Justice with respect to the reassignment of cases from one High Court judge to the other.  The Appellants have alleged that the statutory procedure not having been complied with when the High Court Winneba, exercised jurisdiction in hearing the suit until final judgment, the entire proceedings before the said High Court is a nullity, there being no order of transfer from the Chief Justice in accordance with Sections 104 (1)-(3) of the Courts Act 1993, (Act 459).
  2. This appeal is from the judgment of the Court of Appeal, Cape Coast which refused to set aside the judgment of the High Court Winneba thereby affirming the judgment of the Trial Court and dismissed the appeal by the 2nd and 3rd Defendants/Appellants/Appellants.  By notice filed on 5th May, 2021, the 2nd and 3rd Defendants/ Appellants/Appellants…

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