[2014]DLSC3011 • November 5, 2014 • Supreme Court •
THE REPUBLIC vs. THE HIGH COURT (FAST TRACK DIV.) ACCRA EX PARTE: ANANE AGYEI FORSON
The Attorney-General initiated an action at the High Court to recover sums of money from Isofoton SA, a foreign firm represented by Anane Agyei Forson, based on a Supreme Court judgment declaring a contract void and ordering refund to the Government of Ghana. The High Court allowed the action to proceed to enforce the Supreme Court's judgment. The applicant challenged the High Court's jurisdiction, arguing that the High Court could not entertain an action to enforce a Supreme Court judgment.
read moreBENIN, JSC:- The application has been brought before this court seeking a prohibiting order against the High Court on ground that the said court has no jurisdiction in the matter brought before it by the Attorney-General, Interested Party herein, against a foreign firm called Isofoton SA, represented by a Ghanaian citizen called Anane Agyei Forson. The basis of the claim by the Attorney-General is that this court ordered Isofoton to refund some sums of money that the Government of Ghana had paid to the said Isofoton under a contract which the court had declared void. That judgment was obtained in an action brought against Isofoton and two others by a private Ghanaian citizen named Martin Amidu, a former Attorney-General of Ghana. In order to secure the benefit of that judgment the Attorney-General brought an action by way of a writ of summons at the High Court to recover the sums of money Isofoton was ordered to refund to the Ghana Government. It is undisputed that the action befo...