judy.legal
Login Register

KWAKU SARFO V. AMMA DAPAAH

(2019) JELR 67866 (CA)

Court of Appeal  •  SUIT NO: H1/09/19  •  27 Feb 2019  •  Ghana

Coram
MARIAMA OWUSU J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.

Judgement

JUDGMENT

WELBOURNE, JA

BRIEF FACTS:

This is an interlocutory appeal challenging the review jurisdiction of the trial High Court, Kumasi to review its previous ruling or decision to relist the substantive case to the cause list when the Applicant failed to meet the thresh hold of the review jurisdiction of the High Court.

The facts are that Amma Dapaah issued a writ against the Defendants, Kwaku Sarfo and Amas. In the course of the case, she fell ill and issued a Power of Attorney to the applicant to pray the court to review its decision or ruling delivered on the 13th of February, 2017. The Plaintiff’s Attorney kept on absenting herself and as a result the writ was struck out by the court for want of prosecution on 26th February 2016. On the 3rd of June 2016, the Plaintiff Amma Dapaah died. Consequently the Power of Attorney that she gave to the donee became extinct with her death. Her donee, Adwoa Pinanmang filed an application on 5th of December, 2016 to relist the suit unto the cause l…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login