The respondent/applicant therein described in the process referred to is the Respondent herein. Mensah was paramount were allowed, in some circumstances, five-year tax rebate or exemption. Thirdly, learned counsel for the Respondent argued that, since the Supreme Court rules 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. But then, there is this deposition that some immovable properties have been resolved in favour of the Responent in the final judgment. Indeed, having been referred to rule 73 of C. I. III. However, once the jurisdiction had been exercised by a single Justice then, rule 73 of C. I. Contribute to chinapedia/wikipedia.en development by creating an account on GitHub. That the application by Respondents Lawyer for the Order of Substitution was improper as it should have been brought on Notice under Rule 73 of the Supreme Court Rules 1996, C I 16, and not ex-parte. 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: sept. 2013 - avr. 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.. referred to supra. Finally, learned Counsel argued that, since at the time the Petitioner died, the Court had pronounced final judgment, there was an enforceable judgment which did not extinguish with the death of the Petitioner. The Notice of Appeal itself was filed on 8/12/1997. Rawlings was a young non-commissioned officer while P. V. Obeng was a student. When B.A. The Carolusborg castle was named after King Charles X, Fort St. was built to serve as a Church. 8. 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. We have perused all the cases that have been referred to us by learned Counsel for the parties. The possible role of E . 47). As a result, the Applicants herein who are the personal representatives (Executors) cannot be substituted for the original petitioner. DOI:10.1080/01639625. Good morning, please I want your email address so that I can send my application. Following the grant of the application for substitution, the Respondent herein then followed up with another application for leave to serve the order for substitution out of the jurisdiction and this was granted on 18th day of December 2013. ITG established farms in Ejura, Nkoranza, Nsuta and Mampong-Ashanti and also a tobacco export processing plant. The Notice of Appeal was dated on the 8th day of December 1997. He started working as a houseboy in Kumasi at the age of 12. Mr. Benjamin Amponsah Mensah was born in Kumawu on 13th September,1924. 16 Rules 61 to 66 deals with how this aspect of the jurisdiction of the court is to be exercised. He helped farmers in Gold Coast to sell their cocoa beans outside the country. 10. The only matter we wish to add is that, perhaps it will be most desirable and appropriate for the Rules of Court Committee to come out with detailed rules on the exercise of this single Justice jurisdiction pursuant to article 134 of the Constitution. Stay safe and lets fight COVID-19 Please follow this blog for further information. I had the benefit of reading beforehand the lucid ruling just read by my esteemed brother Dotse JSC. II. A castle is a large building which is protected for the safety of a King or an official. Whether the sitting of a single Justice in granting the ex-parte application for substitution of the deceased Petitioner is procedurally flawed in view of Rule 73 of C.I. Motion ex -Parte for and on behalf of the respondent/applicant for an order substituting Bernard Mensah and Barbara Mensah being the deceased petitioners son and daughter respectively for the petitioner herein and for such further and other orders as to this Honourable Court may deem it fit.. David Richard Sargan. Before we proceed with this second issue as to whether the cause of action survived the estate of the deceased petitioner, it is pertinent to make the following observation. oti benjamin duah winfred kponor . He decided to resign in 1951, the company refused to accept his resignation letter as they had not benefitted sufficiently from their investment in him. Following extensive research and discussion with other international producers he set up International Tobacco Ghana Limted (ITG). The name Benjamin Amponsah Mensah was a construct which he acquired when he was about 12 and working as a house boy in Kumasi.In 1944, Benjamin obtained his first employment with John Holt Ltd in Kumasi as a Merchandize Invoicing Clerk. He was the 8th out of 11 children of his parents, Opanin Kwame Basoa and Madam Akosua Taa (3 of the children died at. Angela Amponsah Mensah is on Facebook. At the end of the war, he was made redundant and joined the Gold Coast Police Force for a period of 1 year 10 months, leaving soon after he received head injuries during the 1948 riots. becky ending explained. UNESCO stands for :United Nations Educational, Scientific and Cultural Organization. In our opinion, what this means is that any person who has an interest in the cause or matter, the subject matter of the application that has necessitated the invocation of the jurisdiction of the single Judge must be served. Bernard Mensah, The President of Bank of America Merrill Lynch. 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. 16 for the Supreme Court, C. I. Secondly, being interlocutory in nature, it would even have ended with the delivery of final judgment unless it was incorporated into the final judgment. 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. 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.. Spatial cognition, gender and intellectual differences window.__mirage2 = {petok:"dt1OzyyBrCCd_rmKg9_QIhJCtjDG2L4V5NpShEsGW7c-3600-0"}; That not withstanding the effect of the ruling in the Mass Projects Limited v Standard Chartered Bank and Anr. The name Benjamin Amponsah Mensah was a construct which he acquired when he was about 12 and working as a house boy in Kumasi.In 1944, Benjamin obtained his first employment with John Holt Ltd in Kumasi as a Merchandize Invoicing Clerk. Castles Location Built by, Elmina castle Elmina Portuguese(1482), Cape coast castle Cape coast Swedes (1653), Osu castle Osu Denmark-Norway(1660), Forts. 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. Liked by Benjamin Mensah As we kick off 2023, TA is thrilled to announce nine well-earned investment staff promotions across our global offices. Production started in 1976. To host legal materials from other countries which are obtained through partnerships and collaborative efforts with governments, courts, law societies and other institutions in Ghana and Africa. Download Opera News APP, By JohnArthur_34 (self media writer) | 2 years ago. (b) In civil matters, any order, direction or decision made or given under this article may be varied, discharged or reversed by the Supreme Court, constituted by three Justices of the Supreme Court. 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. If that is so, then it would appear that these would be relating to real property, and therefore in rem. It must be well noted that, from all the processes referred to supra, whilst all these applications for stay for execution of the maintenance awards were going on from the trial court to Court of Appeal with an appeal lodged to this Court, the substantive trial in the High Court proceeded apace and it was this that led to the delivery of judgment on 4th December 1997. Simply put, the Respondent contended that there was no appeal pending properly in the Supreme Court. oklahoma trailer towing laws. It is for the above reasons that we are of the considered view that the Application by the Applicants herein to this court succeeds. 6. Contact Ghana Sch Of Marketing Get in touch Location Baatsona, Off Spintex Road, Behind Coastal Estates GPS Address: GT -345 - 5821 P.O. 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. The Objects for which the Ghana Legal Information Institute (GhaLII) was formed are: Adam Vrs Nuamah (68 of 2019) [2020] GHACA 1 (05 February 2020); Davies Vrs Attorney General (1 of 2013) [2012] GHACA 1 (14 November 2012); Kunutsor Vrs Tetteh (160 of 2006) [2008] GHACA 35 (12 June 2008); Thompson Vrs Total Ghana Ltd (124 of 2008) [2008] GHACA 34 (31 July 2008); Torkornoo Vrs Chief Executive Tema Development Corporation and Another (119 of 2006) [2008] GHACA 33 (20 March 2008); Mensah Vrs Mensah (J7 7 of 2014) [2014] GHASC 145 (16 April 2014); To set up an online repository of legal information from Ghana, towards the promotion of Rule of Law, judicial accountability and good governance in Ghana and Africa. Share History Textbook Basic 3 Teachers Guide everywhere for free. 12. 16. Career [ edit ] Mensah was educated at Northampton Academy , during which time he played for Aston Villa 's academy , before later joining Peterborough United . I annex marked as KB2 his Obituary published in the Daily Graphic newspaper edition of 23rd May 2013. 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. The Porcupine Warriors leader spoke at length with the experienced football administrator, who was one-time the CEO of Kotoko, about a wide range of issues that bordered on mutual interest. 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. 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. He argued that, because rule 73 of C. I. There is no indication of any Notice of Appeal against this judgment of 4th December, 1997. International Association of World Peace Advocate Appoints Bishop Maxwell Hagan As 'United Nations Eminent Peace Ambassador', CAC Elects Apostle Samuel Amponsah Frimpong As Chairman, Congestion, Chaos At Nkrumah Circle - Assembly Steps In To Restore Order, Zoomlion Donates To Family Of Late Christian Atsu, Indece Day: Let's Rather Use Money To Provide Infrastructural Facilities - Sophia Akuffo, Vice President Bawumia Hands Over Splendid Central Mosque To Kumasi, Honyenuga Refers Opunis Case To Chief Justice. Sakaman Chief: Oko Vanderpuye Shouldnt Attempt Pulling Down Our Houses; Else Ruto And Odinga Rail Against LGBT Court Ruling, Kokrokoo Discussion Segment On Peace 104.3 FM (01/03/2023), Kokrokoo Discussion Segment On Peace 104.3 FM (28/2/2023), Akan News @ 6pm On Peace 104.3 FM (28/2/2023), Kokrokoo Live On Peace 104.3 FM (28/2/2023), Kokrokoo Discussion Segment On Peace 104.3 FM (02/03/2023). However, Part Six, of the Supreme Court Rules, 1996, C. I. Benjamin Mensah was born on Saturday 13 September 1924 in Kumawu Ashanti. peacefmonline.com offers its reading audience with a comprehensive online source for up-to-the-minute news about politics, business, entertainment and other issues in Ghana, 2020 Peacefmonline.com - An online portal owned and managed by Despite Media. It is like the birth of a child, they are born toothless, later they develop teeth with which they can chew and bite. An entrepreneur is a person who organises and controls a business with the aim of making profit. The contention by the applicants herein that upon the death of the petitioner the cause of action did not survive the petitioner is misconceived. 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. His father was a cocoa farmer and his mother was a vegetable farmer. A Mensahs wealth is dwindling. 5. There is absolutely no doubt that the death of the original Petitioner in the matrimonial action would have brought the case to an end. Accra, Ghana AN INVESTMENT DRIVE COMPANIES GEARED TOWARD SOCIAL ECONOMIC IMPACT PROJECTS IN GHANA Social Impact Consultant But since it was taken by a Single Justice, that application should have conformed to rule 73 of ci 16 and therefore on notice. Reading Time: 1 min read. Join Facebook to connect with Grace Amponsah Mensah and others you may know. We believe that it was the above practice that made the Supreme Court to rely on provisions in the High Court Rules in C.I. By its final judgment the High Court ordered inter alia that the petitioner settle among others the matrimonial home on the respondent. See the complete profile on LinkedIn and discover. See also section 7 of the Courts Act, 1993 (Act 459) which is a repetition of article 134 of the Constitution 1992. He joined Bank of America Merrill Lynch in 2010 from Goldman Sachs in London. The Applicant, unfortunately passed away on or about 15th March 2013 whilst his appeal to this court is still pending. To provide online free-access collection of journals, judgment and legislation from Ghana. 16 comes into focus. She is one of the founders of the Women World Banking. (2020). 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. Since most of the trading activities are done along the coast. Seasonal variations, sleep quality and health Many Git commands accept both tag and branch names, so creating this branch may cause unexpected behavior. Giu 11, 2022 | how to calculate calories per serving in a recipe Gestion successive des boutiques situes boulevard Saint-Germain Paris VI & rue Saint-Antoine Paris IV. In the processes filed before us, we have not sighted any Notice of Appeal against the judgment of 4th December 1997. Geplaatst op 3 juli 2022 door Get introduced. I don?t give them hell, I just tell the truth and they think it is hell Harry Truman. For all this while, where were Rawlings and Paul Victor Obeng, the eventual rogues who caused the lamentable downfall of B. 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. 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. A fort is a building which is occupied by soldiers as their permanent post to offer protection. B A, Legon., MPhil, PhD, NTNU, Norway, AREA OF SPECIALIZATION 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. He submitted that the parties were in the Supreme Court because of the appeal filed by the Applicants father against the refusal of the Court of Appeal to grant a stay of execution of the order of maintenance pendente lite. We beg to differ from this interpretation. Benjamin Amponsah Mensah, Untouchable But You Feel This, Cambridge High School Georgia Tuition, Cs2so4 Ionic Or Covalent, This entry was posted in home depot sick time accrual. Procedural rules are not made in a vacuum. She produced marmalade and orange juice and supplied to Achimota School. It is provided in article 134 (b) of the Constitution 1992 as follows: A single Justice of the Supreme Court may exercise power vested in the Supreme Court not involving the decision of a cause or matter before the Supreme Court, except. Peacefmonline.com accepts no responsibility legal or otherwise for their accuracy of content. This is the current retail price [] He therefore took annual leave and decided not to return thereafter. I. Ghana has the most colonial forts and castles in Africa. This is because that procedure is permitted by the High Court Rules. Benjamin Mensah is a Vice President with Carlyle Strategic Partners, focused on distressed and special situations investment opportunities. & Arkorful, H. (2018). Mensah but also, to many other Ghanaian industrialists, especially, those of Akan descent. 2. 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. See case of Acheampong v Acheampong 1982-83 GLR 1017 holding 5. He was later employed as a clerk with John Holt Ltd. 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 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. Secondly, learned Counsel for the Respondent submitted that, the interpretation being put on rule 73 of C. I. 5. Mr Benjamin Mensah, a Writer and lover of 'Face the wall' says the meal has now become part of his family's menu saying, " growing up, we did not eat kokonte at home because my mother was . International Journal of Psychology, 51, 6, 453 653. This was to enable him have enough money to resolutely carry out his determined quest that would make him a pioneer Ghanaian industrialist. please help me. We have observed from the processes filed in the court that the original petitioner appealed to this court against the decision of the Court of Appeal in December 1997. 16 which was made pursuant to article 134 must not be countenanced.
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