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The clothing on a Court with jurisdiction often predates the promulgation of procedural rules. please help me. 17. July 4, 2022 aircraft carrier ibukidid benjamin franklin help write the declaration of independencedid benjamin franklin help write the declaration of independence Accordingly, the orders made by the single Judge on 26th November 2013, are hereby discharged. Benjamin Mensah was born on Saturday 13 September 1924 in Kumawu Ashanti. Contribute to chinapedia/wikipedia.en development by creating an account on GitHub. It was for the substitution of Bernard Mensah and Barbara Mensah son and daughter respectively in place of their deceased father Bernard Amponsah Mensah. 2018.1493369, Dey, N.,Amponsah, B., & Wiafe-Akenteng, C. B. The Petitioner passed away on 15/3/2013 and the Applicants herein being son and daughter had been named as the Executors of the last will of the deceased Petitioner. See who you know in common. Background Report. Oct 2014 - Present8 years 6 months. A. Mensah & Co., as an import/export company. Even though she came from a poor family background. My specialized areas of research are in cognitive, cross-cultural and experimental psychology. See the Notice of Appeal referred to above. 12. He set up B.A Mensah and Co. in 1951 as an import and export company. 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. B. Download Opera News APP, By JohnArthur_34 (self media writer) | 2 years ago. 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. This is because once the foundation has collapsed anything founded on it cannot stand. We beg to differ from this interpretation. C. I. 18. He surely went through loads of sleepless nights until God crowned his efforts with unimaginable success to the envy of the pretentious latter-day saints, Rawlings, P. V. Obeng and other members of the PNDC government. Prt--porter pour femme & homme. Sources of perceived social support on resilience amongst parents raising children with special needs in Ghana. Indeed, having been referred to rule 73 of C. I. The contention by the applicants herein that upon the death of the petitioner the cause of action did not survive the petitioner is misconceived. We concede that under rule 5 of the Supreme Court Rules, 1996, C. I.16 where no express provision regarding the practice or procedure on any cause or matter has been made, this court shall prescribe such practice and procedure as in the opinion of the court the justice of the court may require. The Notice of Appeal against the judgment of the trial High Court dated 4th December 1997 having been filed at the Registry of the Court of Appeal rather than at the Registry of the Court below i.e. This has become very important and crucial because in some of the cases, the choice of the single Justice jurisdiction is not made by the parties, but a decision that is taken administratively by the Judiciary. Join Facebook to connect with Angela Amponsah Mensah and others you may know. Giu 11, 2022 | how to calculate calories per serving in a recipe Thirdly, once we are of the firm conviction that the appeal in the interlocutory appeal did not survive the death of the original petitioner, the action in this court must fail. 5. 16 as follows:-, An application pursuant to article 134 of the Constitution in respect of a cause or matter, civil or criminal, shall be made by motion on notice and shall be served on a party who has interest in the cause or matter.. New arrival. EDUCATION: To provide online free-access collection of journals, judgment and legislation from Ghana. See also section 7 of the Courts Act, 1993 (Act 459) which is a repetition of article 134 of the Constitution 1992. 4. This was the first formal food processing business in Gold Coast . He argued that, because rule 73 of C. I. I had personally fetched water from both streams. We therefore conclude that it was perfectly legitimate for the Respondent to have filed an ex-parte application to the Supreme Court for substitution of the original petitioner by the Applicants. 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. You have entered an incorrect email address! Taking the above factors into serious consideration, we come to the following conclusions: The appeal against the interlocutory maintenance order being an order made in personam against the original Petitioner cannot survive after his death. Any arrears of maintenancein existence prior to his death also cannot survive against the estate of the Petitioner for the same reasons because it was an action in personam. That I am advised by Counsel and verily believe same to be true that causes of action in divorce matters do not survive parties to the petition to enable the Courts to substitute a deceased party by His Executor (s). Secondly, learned Counsel for the Respondent submitted that, the interpretation being put on rule 73 of C. I. A tag already exists with the provided branch name. BENJAMIN AMPONSAH MENSAH - PETITIONER/APPELLANT (SUBSTITUTED BY BERNARD MENSAH APPELLANT/APPLICANTS AND BARBARA MENSAH) VRS MARGARET ANN MENSAH - RESPONDENT/RESPONDENT/RESPONDENT/RESPONDENT RULING DOTSE JSC: It is provided in article 134 (b) of the Constitution 1992 as follows: Let the Registrar draw up the order for service on the within-named executors forthwith.. But since it was taken by a Single Justice, that application should have conformed to rule 73 of ci 16 and therefore on notice. Opera News does not consent to nor does it condone the posting of any content that violates the rights (including the copyrights) of any third party, nor content that may malign, inter alia, any religion, ethnic group, organization, gender, company, or individual. Opera News does not consent to nor does it condone the posting of any content that violates the rights (including the copyrights) of any third party, nor content that may malign, inter alia, any religion, ethnic group, organization, gender, company, or individual. I had the benefit of reading beforehand the lucid ruling just read by my esteemed brother Dotse JSC. She is one of the founders of the Women World Banking. He therefore took annual leave and decided not to return thereafter. The farm operation was a separate company called Leaf Development Company and included equity partners.In spite, or possibly because of the success of ITG, the company was seized by the government in 1988. This Rule makes specific provisions on how a single justice jurisdiction is to be exercised, then a fortiori, it means that resort to any other procedure contrary to the courts own procedure rules will render null and void any contrary procedure. Castles Location Built by, Elmina castle Elmina Portuguese(1482), Cape coast castle Cape coast Swedes (1653), Osu castle Osu Denmark-Norway(1660), Forts. He also set up a bank to offer financial support to businesses owned by Africans . See also article 129 (4) of the Constitution 1992 which reinforces the above view. (We believe the Applicant stated therein should have read, Petitioner instead). At the time of the application made on behalf of the respondent herein, the other party to the proceedings that is the petitioner was deceased and it was not possible to serve him with notice for substitution. Dr Peter Amponsah-Mensah(Director) of Pamicor Limited, delivered a presentation on the topic: \"EXPLORATION IN THE WEST AFRICAN SUB-REGION: INVESTING IN THE NEXT GENERATION OF MINES THE NEED FOR THE MINING INVESTMENT FUND\".WAIC is the premier conference for mining and petroleum industry professionals in the West African mining and petroleum industry. There is a Notice of Preliminary objection to the propriety of Interlocutory appeal in this Court against the interim maintenance orders. 2. 16 of the Supreme Court Rules, vis--vis article 134 of the Constitution 1992. ii. By his will the Petitioner appointed his son Bernard Mensah and his daughter Barbara Mensah as the executors of his last will. The ugly "power-from-above" was evoked by the Rawlings' Bernard Mensah is the President of Europe, the Middle East and Africa (EMEA) and the co-head of Global Fixed Income, Currencies and Commodities (FICC) Trading at Bank of America Merrill Lynch. According to learned Counsel, the Respondent should pursue the final judgment that was delivered as far back as 4th December 1997 if that is possible in view of the time lapse. Reliefs Sought From the Supreme Court are. Both parents are deceased. 19 for the Court of Appeal and C. I. I wonder! Can this therefore survive against the estate of the original petitioner? how to file a complaint against dcfsking's college school staff About When B.A. 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 See the complete profile on LinkedIn and discover Agape's connections and jobs at similar companies. Thereafter he expanded the business to include tobacco growing agriculture with the first export to Libya amounting to US$1.95 million. Any/all written content and images displayed are provided by the blogger/author, appear herein as submitted by the blogger/author and are unedited by Opera News. Mr. Benjamin Amponsah Mensah was born in Kumawu on 13th September,1924. 16 vis--vis article 134 of the Constitution 1992, those cases with respect cannot hold and be applicable. The bare constitutional provision on the jurisdiction of a single Justice in article 134 of the Constitution 1992 without the necessary procedural rules on how this jurisdiction is to be exercised will remain a white elephant. To deepen research in Ghanaian and African law. The Late Mr. Benjamin Amponsah Mensah, well known internationally, nationally and locally as B. The Applicant cross-petitioned for the dissolution of the marriage and for certain ancillary reliefs. 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 By this ,cocoa farmers were able to sell their cocoa beans outside the country. Learned Counsel referred to section 2 (4) of the Courts Act, Act 459, rule 5 of C.I. I do not see how an applicant can be made to suffer because of the administrative convenience of the self-same Supreme Court. He did so because European banks were not giving financial support to African-owned businesses. 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. She referred to the case of Republic v High Court, Accra Ex-parte All gate Co. Ltd. Amalgamated Bank Ltd Interested Party [2007-2008] SCGLR 1041.