judy.legal
Login Register

THE REPUBLIC VRS THE JUDICIAL COMMITTEE,GOMOA TRADITIONAL COUNCIL

(2013) JELR 107020 (SC)

Supreme Court  •  CIVIL APPEAL No.J4/40/2012  •  6 Feb 2013  •  Ghana

Coram
ANSAH, JSC (PRESIDING) ANIN YEBOAH, JSC BAFFOE BONNIE,JSC GBADEGBE, JSC AKOTO BAMFO (MRS), JSC

Judgement

J U D G M E N T


ANIN YEBOAH, JSC

This appeal raises for our consideration a point of law that is at the heart of our judicial system and the extent to which non-compliance with it may have the effect of invalidating any decision rendered in a case where such a non-compliance did take place. The said point of law is this: Whether a tribunal that has jurisdiction to determine a subject matter may by pursuing a course of procedure that denies to a party to the cause the right to be heard might thereby act in excess or lack of jurisdiction. Although this principle is of fundamental importance to courts in the exercise of their jurisdiction to determine cases, it appears from the record of appeal with which we are concerned in this matter that the learned justices of the two lower courts did not fully appreciate its import in relation to the application for judicial review in the nature of certiorari. The determination of this point of law in our thinking is not unimportant to procedural law…

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