Judgements

IN RE KUKEBAH (DECD); THE COMMISSIONER, CHRAJ AND ANOTHER v ASUMINA AND OTHERS[2001-2002] 1 GLR 515 Division: HIGH COURT, BOLGATANGA Date: 21 MAY 2002 Before: QUAYE J Pensions scheme—Social Security Pension Fund—Power of nomination—Variation of nominees—Deceased nominating two nephews as beneficiaries—Deceased subsequently marrying and having two children without changing nominations—Deceased dying while still employed—Application by […]

CASES REFERRED TO: (1) Practice Direction (Practice in Empanelling Justices of the Supreme Court) [2000] SC GLR 586. (2) Kuenyehia v Archer [1993-94] 2 GLR 525, SC. (3) Akufo-Addo v Quashie-Idun [1968] GLR 667, CA (full bench). ACTION by the plaintiff against the Chief Justice and the Attorney-General under articles 2(1) and 130(1) of the

CASES REFERRED TO (1) Thatcher v C H Pearce & Sons (Contractors) Ltd [1968] 1WLR 748. (2) Shiloh Spinners Ltd v Harding [1973] 1 All ER 90, HL. (3) Canas Property Co Ltd v K L Television Services Ltd [1970] 2 All ER 795, CA. APPLICATION by the defendant-applicant-lessee against the plaintiff-respondent-lessor praying the High

CASES REFERRED TO (1) Commissioner of Police v Asamoah (1958) 2 WALR 458, CA. (2) Mensah and Ankrah v The State [1961] GLR 64, SC. (3) Afotey v The Republic [1984-86] 1 GLR 475. (4) Mainoo v The Republic [1984-86] 2 GLR 727. (5) Boakye v The Republic [1992] GBR 423, CA. (6) R v

TOTAL (GHANA) LTD v MODERN PETROLEUM LTD AND OTHERS [2001-2002] 2 GLR 219 Division: HIGH COURT, ACCRA Date: 9 APRIL 2002 Before: ASARE KORANG J Mortgages—Building—Privity of interests—Mortgagee of landed property—Owner allowing building to be mortgaged by son as collateral security for guarantee bond—Order for judicial sale of mortgaged property—Claim of ownership of property by

CASES REFERRED TO (1) Sam v Noah [1982-83] GLR 1122. (2) Benyi v Amo [1959] GLR 92. (3) Smalley v Robey & Co Ltd [1962] 1 QB 577; [1962] 1 All ER 123, CA. (4) Blacker v Blacker [1960] P 146; [1960] 2 All ER 291, CA. (5) Palaniappa Chettiar (ARPL) v Arunasalam Chettiar (PLAR)

CASES REFERRED TO: (1) Payne v Bradley [1962] AC 343; [1961] 2 All ER 882; [1961] 3 WLR 281, HL. (2) Beswick v Beswick [1968] AC 58, HL. (3) Atta v Kankan [1963] 1 GLR 54. (4) iredu v Mim Timber Co Ltd [1963] 2 GLR 167, SC. (5) Wilmot v Wilmot [1981] GLR 521.

CASE REFERRED TO: (1) Dam v Addo [1962] 2 GLR 200, SC. APPEAL by the plaintiff-appellant against the judgment of the trial High Court judge in a land dispute in which the parties agreed to have their site plans superimposed on a composite plan by the Regional Survey Department to help determine the identity of

CASE REFERRED TO Badu v Boakye [1975] 1 GLR 283. PRELIMINARY OBJECTION to the hearing of a civil action on the ground that since the plaintiffs were facing a charge of stealing which was a felony on the same facts, the civil matter could only proceed after the completion of the criminal aspect. The facts

CASES REFERRED TO (1) Ohene-Mensah v Subin Timbers Ltd [1982-83] GLR 601. (2) Drughorn (Fred) Ltd v Rederiaktiebolaget Transatlantic [1919] AC 203; [1918-19] All ER Rep 1122, HL. (3) Teheran-Europe Co Ltd v S T Belton (Tractors) Ltd [1968] 2 QB 545; [1968] 1 All ER 585, CA. (4) Montgomerie v United Kingdom Mutual Steamship