Section 58: relief against forfeiture
The 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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