[2017]DLCA4839 • February 8, 2017 • Court of Appeal
HANSEN KWADWO KODUAH vs. GENERAL LEGAL COUNCIL AND 1 OTHER
The Applicant, Hansen Kwadwo Koduah, had a stay of execution granted by a single Justice of the Court of Appeal against orders of the Disciplinary Committee of the General Legal Council. The Respondents applied for reconsideration by a three-member panel, which reversed the single Justice's stay on grounds that the appeal was not properly before the Court due to failure to obtain leave under Section 21 of the Legal Profession Act for grounds involving questions of fact. The Applicant was absent due to medical reasons and was represented by a proxy. The three-member panel ruled without hearing the Applicant, leading to a challenge of breach of natural justice and excess of jurisdiction.
read moreACKAH-YENSU, JA The Respondent/Appellant/Applicant (the “Applicant”) is praying the Court to set aside its decision dated 2nd November 2016 (the Court differently constituted). The said decision/ruling overturned an earlier ruling by a single Justice of the Court of Appeal. Background On 29th July, 2016 the Court of Appeal, constituted by a single Justice exercising its jurisdiction under Article 138 of the 1992 Constitution and Section 12 (b) of the Courts Act, 1994 (Act 459) granted a stay of the orders of the Disciplinary Committee of the General Legal Council pending the substantive appeal at the Court of Appeal. In October 2016, the Respondents herein filed an application invoking the “reconsideration jurisdiction” of the three (3) member panel Justices of the Court of Appeal under Section 12 (b) of Act 459 and Article 138 of the Constitution. The application was slated to be heard on the 2nd of November, 2016. However, on the said date, the Applicant could not attend...