EDMUND OCANSEY V. THE TENANT (JOYCE), NII LARYEA LARYEA AND CHERIE A. ANKRAH

JUDGMENT

MARIAMA OWUSU, J.A.:

On the 24^th day of October, 2011, the High Court, Accra, dismissed the plaintiff’s suit against the defendants. The Court held among other things as follows:

“It is an elementary principle of law known to all law students that the decisions of the Court of Appeal are binding on the High Court and all lower Courts and I am precluded from hearing and determining a matter that had already been decided by the Court of Appeal.

I will therefore answer the first issue and say that this Court is not competent to determine this suit.

Order 33 rule 5 provides as follows:

“Where it appears to the Court that the decision on any question or issue arising in any cause or matters and tried separately from the main cause or matter substantially disposes of the cause or matter or renders trial of the main cause or matter unnecessary, it may dismiss the cause or matter or make such other order or give such judgment as may be just.”

From the conclusions I have arrived at on the is…