JUSTICE AMENYAGLO V. GHANA BREWERIES LIMITED

Gbadegbe J. A. read the judgement of the court as follows:

The question that we have to determine in this appeal is a short one that turns on the question whether the court below was right in declining jurisdiction in the matter? We commence with the observation that although the court below did not consider the issue of jurisdiction earlier on in the proceedings –the question whether or not it had jurisdiction which is referred to as the jurisdictional question nothing of consequence flows from this as there is no conflict of judicial opinion that the question of jurisdiction can be raised at any time including the last appellate court See- Kwaframoah III v. Sarakyie II [1996-97] G.L.R 199. Reading the judgment of the Supreme Court, Abban CJ (as he then was) observed at page 208 as follows:

“If a tribunal adjudicates on a dispute over which it has no jurisdiction, its decision thereon is a nullity and the party affected by it is entitled ex debito justitiae to have it set aside. The ap…