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NYANTAKYI KOFI KYE AND 3 OTHERS V. MARGRET GYIMAH AND 11 OTHERS

(2019) JELR 65305 (HC)

High Court  •  SUIT NO: BFA/45/2007  •  14 May 2019  •  Ghana

Coram
HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO

Judgement

JUDGMENT

ACKAAH-BOAFO, J.

i. Introduction:

[1] The history of this case makes it appropriate to prefix this judgment with the quote by the respected former Chief Justice of this Republic, Wood CJ (as she then was) in the case of AGYEMANG (Substituted by BANAHENE and OTHERS v. ANANE [2013-2014] 1 SCGLR 241 when she stated:

“The oft quoted legal maxim “Justice delayed is justice denied”, coined by the British politician, William Gladstone (1809-1898), is no mere cliché. The right to fair trial in a timely manner is neither a courtesy nor a favour, but a fundamental right. Protracted delays in the administration of justice, impact negatively not only on those who access the courts, such as the victims of crime, accused persons who are acquitted at the end of their trial, parties in civil proceedings and their privies, lawyers who practice before the courts but indeed the entire justice system. The judicial history of this relatively simple family related land matter, which was commenced in t…

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