2 passages from 1 case, 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 toolWhere a Practice Direction is made contrary to the Constitution, Acts of Parliament, including the Evidence Act, and Rules of Court, it shall be deemed to have contradicted a higher source of law, and that higher source of law shall prevail.
THE REPUBLIC VRS. THE HIGH COURT (GENERAL JURISDICTION 10) ACCRA EX PARTE: 1. KWABENA ADU BOAHENE 2. ANGELA ADJEI BOATENG [2026] SLR (SC) 6 · Supreme Court · 2026 · ADJEI JSC
Read it in the judgmentThe settled position of the legal effect of practice direction is that it elaborates or clarifies a right created by law. The trite position of the legal effect of practice direction was discussed by the Supreme Court in Australia in the case of Mason v Director of Public Prosecutions (NSW) [2015] NSWSC 164, where it stated that a practice direction cannot create a substantive right that the legislation, including the rules that create it, does not provide.
THE REPUBLIC VRS. THE HIGH COURT (GENERAL JURISDICTION 10) ACCRA EX PARTE: 1. KWABENA ADU BOAHENE 2. ANGELA ADJEI BOATENG [2026] SLR (SC) 6 · Supreme Court · 2026 · ADJEI JSC
Read it in the judgmentSearch and filter these passages in the Research toolAll areas of lawSearch every judgment
Passages are quoted word for word from the judgments. Read the full judgment before relying on a passage.
