4 passages from 2 cases, grouped by point of law. Each passage is in the court's own words and links to the place in the judgment.
Open in the Research toolThe nature of the question to be determined when the plaint is about Administrative Justice is different from where the question is whether, on the evidence, the Auditor-General came to the right or wrong conclusion. Both the remedy under Article 187(9) and the one under Article 33 are constitutional remedies and are not mutually exclusive.
SOFTTRIBE GHANA LIMITED VS. THE AUDITOR-GENERAL CIVIL APPEAL J4/54/2023 [2025] SLR (SC) 12 · Supreme Court · 2025 · PWAMANG JSC
Read it in the judgmentIn all of the above cases, the courts have considered whether, on a true and proper construction of the enactment in question, there is an ouster of all other means, procedures or forums or it is a case of alternative means, procedure or forum for redress that the law maker has provided for in addition to other lawfully available means, procedure or forums. Where the courts came to the interpretation that a complete ouster of all other means, procedure or forums was intended by the maker of the enactment, they have dismissed proceedings by a means, procedure or forum other than that provided for in the enactment.
SOFTTRIBE GHANA LIMITED VS. THE AUDITOR-GENERAL CIVIL APPEAL J4/54/2023 [2025] SLR (SC) 12 · Supreme Court · 2025 · PWAMANG JSC
Read it in the judgmentHowever, where on the construction of the enactment, the courts concluded that it was a case of alternative or additional means for redress, they have upheld the validity of proceedings embarked upon by alternative procedure or forum. Thus, the rather broad dictum by Acquah, JSC in Boyefio v NTHC (supra) referred to above by the respondent is misleading for even in that case, the conclusion of the Supreme Court was that the statutory forum for resolution of land disputes stated in the Land Title Registration Act, 1986 to be the Land Title Adjudication Committee did not foreclose seeking remedy in the regular courts.
SOFTTRIBE GHANA LIMITED VS. THE AUDITOR-GENERAL CIVIL APPEAL J4/54/2023 [2025] SLR (SC) 12 · Supreme Court · 2025 · PWAMANG JSC
Read it in the judgmentThe need to satisfy the statutory requirement of an application under the section is to ensure that an applicant demonstrates sufficient factual and legal grounds to enable the Court consider whether or not relief ought to be granted and if so, on what terms. I shall reiterate that the jurisdiction is now statutory although equitable in origin and the statute has prescribed the mode of its invocation which I think must be followed. In my judgment, where the legislature steps in with a particular legislation on a particular subject, effect must be given to that legislation.
MRS AGNES GERTRUDE OSEI vs. INNOVA HOLDINGS LTD CIVIL APPEAL NO: J4/68/2023 [2025] SLR (SC) 2 · Supreme Court · 2025 · KULENDI JSC
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