MOST REV. DR. ROBERT ABOAGYE MENSAH & 3 ORS V. YAW BOAKYE

RULING

AMADU JSC

INTRODUCTION 

(1) The key question for determination in this application is not entirely novel, yet recondite because the paucity of decisions of this Court have not settled the question whether or not within the meaning and effect of Article 129(4) of 1992 Constitution, this Court has the power to enforce its own judgments and orders without necessarily referring same to any lower court.

BACKGROUND FACTS 

(2) On 17th October, 2008 the Plaintiffs/Appellants/Respondents/ Applicants (hereinafter referred to as “the Applicants”), acting in their capacity as executors and trustees of the Late Edward Osei Boakye (hereinafter referred to as “the deceased”), issued a writ of summons against the Defendant/Respondent/Appellant/Respondent (hereinafter referred to as “the Respondent”). By this writ, the Applicants challenged the validity of a letter dated 21st January, 2008 addressed by the executors of the estate of the deceased to the Respondent authorizing him to enter p…