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- 10 Marks
Question
Mr. Biggs initiated a claim before the High Court at Agona Swedru for certain reliefs. These were based upon Mempeasem Communication Ltd’s allegedly unlawful acts of encroachment upon a piece of land belonging to Mr. Biggs’ family on which a telecommunication tower (mast) had been erected. The action went through a trial. At the end, the court held a judgment that accepted Mr. Biggs’ version of the matter and awarded damages of GH¢ 92 million against Mempeasem Communication Ltd.
Required:
You are working at Mempeasem Communication Ltd’s legal department as an intern. Your boss has asked you to advise him on whether or not the High Court decision, being a Superior Court, can be overturned by any other court. In addition, state if any, from which courts could further redress be sought?
Answer
The Supreme Court can utilize the power conferred on any other court in the realm to grant an order of stay of execution or overturn any earlier orders. Judicial precedent is an indispensable foundation upon which to decide the law and its application to cases. Accordingly, the power to depart from a decided case must be exercised with self-restraint and resorted to only when the court is convinced that the earlier decision was incorrect or such a departure is necessary to bring certainty to its decision to give credence to the doctrine of judicial precedent. The courts that further redress could be sought in this case are the Court of Appeal and Supreme Court. (10 marks)
- Tags: Appeals, High Court, Judicial Precedent, Supreme Court
- Level: Level 1
- Topic: Hierarchical Structure of Courts
- Series: MAY 2021
- Uploader: Dotse