Declaratory judgments in Ghana case law.

The court does not make declarations just because the parties to litigation have chosen to admit something. The court declares what it has found to be the law after proper argument, not merely after admission by the parties. There are no declarations without argument; that is quite plain.

THE REPUBLIC VRS THE HIGH COURT, ACCRA EX-PARTE: DR. ERNEST ASIEDU OSAFO, ALEX ABOAGYE (INTERESTED PARTY) CIVIL MOTION NO: J5/31/2011 [2011] SLR (SC) 1 · Supreme Court · 2011 · GBADEGBE JSC

We think that the purpose of the insistence that the courts make declarations only after hearing the parties is sufficiently retained in Order 13 rule 6 ( 1) and (2) of the High Court Rules, CI 47 by the requirement that in actions to which the claim that resulted in the judgment in which the declaratory judgment was granted (actions not specifically provided for), the court shall give such judgment as the plaintiff may be entitled by his statement of claim.

THE REPUBLIC VRS THE HIGH COURT, ACCRA EX-PARTE: DR. ERNEST ASIEDU OSAFO, ALEX ABOAGYE (INTERESTED PARTY) CIVIL MOTION NO: J5/31/2011 [2011] SLR (SC) 1 · Supreme Court · 2011 · GBADEGBE JSC

A careful examination of the orders made by the High Court, Accra reveals that while relief (1) was substantive, the other reliefs were ancillary to it. The question that comes up is whether in making the said order the court acted in accordance with due process. Since the substantive order made is a declaration, by the settled practice of the courts, such orders to be good must be made only after hearing all the parties to the action or at least offering them an opportunity to be heard.

THE REPUBLIC VRS THE HIGH COURT, ACCRA EX-PARTE: DR. ERNEST ASIEDU OSAFO, ALEX ABOAGYE (INTERESTED PARTY) CIVIL MOTION NO: J5/31/2011 [2011] SLR (SC) 1 · Supreme Court · 2011 · GBADEGBE JSC