This application is therefore at the instance of the Applicants herein, who are seeking to discharge the order of substitution dated 26/11/2013 pursuant to article 134 of the Constitution 1992, section 7 of the Courts Act, 1993 (Act 459) and Rule 73 of C.I. I am advised and verily believe same to be true that since at the time of the petitioners death, final judgment had been entered against him by the High Court, the final judgment made against the petitioner did not die with him. 9. That the application that was filed in the Supreme Court was an ex-parte application. Prt--porter pour femme & homme. The Notice of Appeal was dated on the 8th day of December 1997. By an order of this Honourable Court dated 26th November 2013 and made by a Single Justice of the Supreme Court, the Applicants herein, Executors of the Estate of Benjamin Amponsah Mensah (deceased), were substituted for the deceased Petitioner/Appellant/Appellant. The Military Government (Supreme Military Council 1) of General I. K. Acheampong granted B. Rawlings was a young non-commissioned officer while P. V. Obeng was a student. Both parents are deceased. In this instance Rule 73 of the Supreme Court Rules, makes specific procedure rules as to how this single Justice jurisdiction is to be exercised. Tete-Ansa was a Ghanaian businessman who lived In Nigeria and Gold Coast . 16 specifically states that an application made pursuant to article 134 of the Constitution 1992 be by motion on notice with a further directive that this motion shall be served on any party who has an interest in the cause or matter. We are also aware that in many instances like the above, resort has been made to the High Court (Civil Procedure) Rules, 2004 (C.I. Learned Counsel therefore argued that based on the above procedural rules and the case of Cook v Kutsoatsi and Others [1960] GLR pages 97-98 per Adumoah Bossman the procedure adopted in applying to the Court ex-parte for substitution of the deceased Petitioner was proper. 5. In order for the full facts to be put in proper perspective, the said Notice of Preliminary objection is reproduced in full as follows: Benjamin Amponsah Mensah - Petitioner/Applicant, Margaret Ann Mensah - Respondent/Respondent, Accra Respondent, NOTICE OF PRELIMINARY OBJECTION PURSUANT TO RULE 17 (1), SUPREME COURT RULES 1996, C.I. Jurisdictional issues cannot be treated lightly, and once the procedure adopted, is wrong any step taken on such wrong procedure is untenable, is null, void and should be vacated and set aside once attention is drawn to it. Contact Ghana Sch Of Marketing Get in touch Location Baatsona, Off Spintex Road, Behind Coastal Estates GPS Address: GT -345 - 5821 P.O. In similar vein let us also refer to the relevant depositions in paragraphs 4, 5, 6, 9, 13, 14, 16, 17, 18 and 19 of the affidavit of Kizito Beyuo in opposition to motion to discharge the ex-parte order as follows: 4. High Court, infringes Rule 8 (2) of the Court of Appeal Rules 1997 C. I. Mensah but also, to many other Ghanaian industrialists, especially, those of Akan descent. I am advised and verily believe same to be true that, the cause of action in the pending appeal did not abate by reason of the death of the Petitioner. Can this therefore survive against the estate of the original petitioner? Join Facebook to connect with Angela Amponsah Mensah and others you may know. Kofi Amponsah-Mensah. Save my name, email, and website in this browser for the next time I comment. Giu 11, 2022 | how to calculate calories per serving in a recipe If you knew, you would not sit in Kumawu to say B. He went to farm with his parents and only went to school when he was about 10 years of age, following a visit by the Anglican Catechist. Good morning, please I want your email address so that I can send my application. However, we again observe from the processes put before us in this application, that, the Respondents Solicitors filed a Notice of Preliminary objection pursuant to Rule 17 (1) of C. I. They built the forts for their soldiers to offer protection. His father took two additional wives. Since most of the trading activities are done along the coast. Opera News furthermore does not condone the use of our platform for the purposes encouraging/endorsing hate speech, violation of human rights and/or utterances of a defamatory nature. International Journal of Psychology, 51, 6, 453 653. It has been argued that had the full bench of the Supreme Court sat on the ex parte application, it would have been proper. infiniti qx80 indicator lights. Opinion - KARL MARX (1818 - 1883) and Friedrich Engels (1820 - 1895) published The Communist Manifesto and the latter finished "DAS Kapital" after the former's death in 1883. From the depositions we have referred to in extenso in the processes filed, it is clear that the position is somewhat different. B.A Mensah also set up International Tobacco Ghana (ITC) in 1976. However, with all due respect to my learned brother and the court, I am unable to agree that the application should have been brought on notice since it was brought before the single Justice of the Supreme Court. 3. * Site Survey and Acceptance. I am advised that in the circumstances of this case, the hearing and grant of the motion ex parte for the substitution by a single judge of this court is proper.. The import of that contention of the applicant is that with the death of the Petitioner, all his appeals listed above became extinct leaving the judgment of the High Court dated 4th December 1997 in respect of the settlement of the immovable properties and payments of monies to the respondent intact. Location. In other words, the judgment in that petition, is what survived the deceased and also for him to settle the property rights on the Respondent. The possible role of E . He is one of the few People black people making Ghana and the rest of Africa proud. News ), Opera News is a free to use platform and the views and opinions expressed herein are solely those of the author and do not represent, reflect or express the views of Opera News. In the course of the proceedings the High Court ordered the Petitioner to pay the Applicant maintenance pending the determination of suit. Sao Jorge da Mina, Cape Coast castle Carolusborg, Osu castle Fort Christiansborg, Ussher fort. He is a qualified charted accountant and became a member of the institute of chartered Accountants England and Wales in 1992. A Mensahs wealth is dwindling. Hello world! After school, she started a Food Processing business. other names, Elmina castle. He also imported guns and ammunition for sale to farmers. Born and raised in Ghana, Benjamin came to the United States to attend Berea College. The fence wall had metal gratings in them and huge royal palms dominated the garden area outside the fencewall. 16 for the Supreme Court, C. I. A tag already exists with the provided branch name. In that ruling, the Court, speaking through me stated at page 4 paragraph 3 thereof thus: We have looked at the Supreme Court Rules, 1996 C. I. But since it was taken by a Single Justice, that application should have conformed to rule 73 of ci 16 and therefore on notice. If that is so, then it would appear that these would be relating to real property, and therefore in rem. 19 for the Court of Appeal and C. I. I am advised and verily believe same to be true that intendment of the rule in rule 73 of this courts rules is that notice of an application ought to be served on the parties to the suit whose interest may be affected by the application. Becker, M., Vignoles, V. L., Owe, E., Easterbrook, M. J., Brown, R., Smith, P. B.,Abuhamdeh, S., Cendales Ayala, B., Gararsdttir, R. B., Torres, A., Camino, L., Bond, M. H., Nizharadze, G.,Amponsah, B., Schweiger Gallo,I., Prieto Gil, P.,Lorente Clemares, R., (May 31, 2017). Heliyon, Vol 6, 11 e05569. I'd like to believe that Oatly's intent was right here, but this form of ESG reporting feels like yet another way of externalizing environmental 4. Get introduced. It is for the above reasons that we are of the considered view that the Application by the Applicants herein to this court succeeds. The clothing on a Court with jurisdiction often predates the promulgation of procedural rules. It is led by the chairman-elect, Apostle Samuel Amponsah-Frimpong, with Apostle Samuel Addai- Kusi as the General secretary-elect. Date of birth/Age: Jul 27, 1993 (29) Citizenship: Ghana Height: 1,76 m Position: Goalkeeper Profile Stats Market value Transfers Rumours News Achievements Career Games against This overview shows the selected player's opponents and his performance record against them. Filter appointments Filter appointments Current appointments Total number of appointments 5 Date of birth March 1968. The Applicant cross-petitioned for the dissolution of the marriage and for certain ancillary reliefs. how to file a complaint against dcfsking's college school staff About It is like the birth of a child, they are born toothless, later they develop teeth with which they can chew and bite. We note that under Order 6, rule 1 of C. I. Even though she came from a poor family background. In arguing the application for the applicants, learned Counsel Mrs. Victoria Barth, made copious references to rule 73 of C. I. Meanwhile following the trial the High Court on 4 December 1997 dissolved the marriage and made financial and other awards in favour of the Applicant. I am advised and verily believe same to be true that as personal representatives of the Petitioner, the persons referred to in paragraph 11 supra are proper and fit persons to be substituted in place of the deceased Petitioner.. A castle is a large building which is protected for the safety of a King or an official. v. During the course of the trial at the High Court, an order for maintenance pendente lite was made to which the Petitioner therein unsuccessfully applied for stay of its execution. The President of the African Investment Group, Dr. Sam Ankrah has entreated Bank of Ghana (BoG) to peg the value of the cedi to the dollar at 10 cedis. Oct 2014 - Present8 years 6 months. 16 of the Supreme Court Rules, vis--vis article 134 of the Constitution 1992. ii. (2020). The Proverbial Kwatrekwa!, The NPP Flagbearer Contest is between Dr. Akoto and Nobody, Funeral rites for Torgbuiga Binah Lawluvi begins on Friday at Ziope, Salma Mumin shows cleavage in hot pictures, New Recruits of Ghana TVET Service receive orientation. Not long into it, Rawlings and his Abongo boys staged a coup and not long after, were influenced by P. V. Obeng not only to abrogate the tax rebate B.A. Following extensive research and discussion with other international producers he set up International Tobacco Ghana Limted (ITG). 10. The above are just bare jurisdictional provisions on the supervisory jurisdiction of the Supreme Court. If the content contained herein violates any of your rights, including those of copyright, and/or violates any the above mentioned factors, you are requested to immediately notify us using via the following email address operanews-external(at)opera.com and/or report the article using the available reporting functionality built into our Platform Please report any inappropriate content to us, and we will evaluate it as a matter of priority. MRS. VICTORIA BARTH WITH HER DIANA ASONABA DAPAAH AND PRISCILLA ANIMA AKYEAMPONG FOR THE PETITIONER/APPELLANT/APPELLANT/APPLICANTS. A seven-man executive council of the Christ Apostolic Church International has been elected into office at a contest organized at the headquarters of the Church in Osu, Accra. They were impressed with his aptitude and sent him on a special managerial course. becky ending explained. (We believe the Applicant stated therein should have read, Petitioner instead). ii. This is because once the foundation has collapsed anything founded on it cannot stand. 16. 13 September 1924 Friday 15 March 2013And God shall wipe away all tears from their eyes; and there shall be no more death, neither sorrow, nor crying, neither shall there be any more pain: for the former things are passed away, Revelations 21:4.Benjamin Mensah was born on Saturday 13 September 1924 in Kumawu Ashanti. 5. & Arkorful, H. (2018). iii. 16 which Counsel argued is unambiguous and should not be limited in scope in its application. I had personally fetched water from both streams. Career [ edit ] Mensah was educated at Northampton Academy , during which time he played for Aston Villa 's academy , before later joining Peterborough United . See also article 129 (4) of the Constitution 1992 which reinforces the above view. Peacefmonline.com accepts no responsibility legal or otherwise for their accuracy of content. Spatial cognition, gender and intellectual differences Benjamin Amponsah is a Senior lecturer at the Department of Psychology, University of Ghana. 16 comes into focus. No useful purpose can be served by the Supreme Court entertaining an appeal against the refusal by the Court of Appeal of the Petitioner/Appellant/Appellants application for stay of execution of the judgment dated 4th December, 1997 pending a non-existent appeal. Castles Location Built by, Elmina castle Elmina Portuguese(1482), Cape coast castle Cape coast Swedes (1653), Osu castle Osu Denmark-Norway(1660), Forts. (2019). By 1975 he was the leading supplier of Kente Yarns in Ghana.In 1966, he set up the Association of Ghanaian Businessmen and decided to diversify his business interests. In the meantime, the High Court on 4th December 1997 dissolved the marriage and made certain awards in favour of the Respondent herein. The Late Mr. Benjamin Amponsah Mensah, well known internationally, nationally and locally as B. She gained a scholarship to study in Achimota School. Responding, learned Counsel for the Respondent, Kizito Beyuo made the following submissions. 16. When B.A. 16 vis--vis article 134 of the Constitution 1992, those cases with respect cannot hold and be applicable. The Late Mr. Benjamin Amponsah Mensah, well known internationally, nationally and locally as B. In that respect, we are of the view that the exercise of that jurisdiction by a single Judge in an ex-parte motion and also when persons who have interest in the cause or matters have not been notified and served is contrary to the procedural rules made pursuant to article 134 of the Constitution and to that extent ought to be discharged. I annex marked as KB2 his Obituary published in the Daily Graphic newspaper edition of 23rd May 2013. That being the case we hold and rule that the appeal that was pending in this court in respect of the interlocutory order for maintenance has lapsed due to the death of the Petitioner and delivery of the final judgment. [CDATA[ I. Ghana has the most colonial forts and castles in Africa. In the 1970s, Ghanaian pioneer industrialists of whom B.A. He was thereafter employed by GB Ollivant. A. Mensah, was the son of Opanin Kwame Basoah (Agya) and Madam Akosua Donkor (Eno) from Kumawu. 16 which was made pursuant to article 134 must not be countenanced. Using a cross-sectional survey design, data was collected from 290 participants. This is the beginning of the series of well-intentioned publications to expose all those who failed the late B. 47). A. Mensah is putting up. 13. He joined the Civil Service and during the Second World War, he worked in the Agriculture Department of the Rubber Production Sector. The rules of procedure are therefore the teeth of the Constitution. [2] To increase transparency and accountability in the administration of justice.
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