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MOST REV. DR. ROBERT ABOAGYE-MENSAH & 3ORS V. YAW BOAKYE (VARIATION RULING)

(2022) JELR 109764 (SC)

Supreme Court  •  J7/05/2022  •  16 Mar 2022  •  Ghana

Coram
DORDZIE (MRS.) JSC (PRESIDING) AMEGATCHER JSC OWUSU (MS.) JSC

Judgement

AMEGATCHER JSC:-

The applicant in this motion is invoking this court’s review jurisdiction under Article 134(b) of the Constitution, 1992. The application seeks to discharge or reverse the order of a single Justice of this Court dated 12th November 2014. The basis for the application as captured in the affidavit of Yaw Boakye in support of the motion is that the record of proceedings was not transmitted to the Supreme Court in accordance with C.I. 16 and, because the Supreme Court was not seized of the appeal, the single Justice had no jurisdiction to hear the application and enter the consent judgment. In his view, the orders made by the single Justice were, thus, a nullity and all proceedings and processes flowing from the consent judgment were, as well, all nullities including the garnishee nisi order issued against FBN Bank and the order for recovery of possession of shop no 3 Liberation Road, Airport Shopping Centre. 

To appreciate the basis for this application and its merit, we w…

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