A Mensah offered to pay with interest and all associated penalties inclusive, the tax rebate he had enjoyed and was enjoying if the PNDC government would not allow its continuation. peacefmonline.com offers its reading audience with a comprehensive online source for up-to-the-minute news about politics, business, entertainment and other issues in Ghana, 2020 Peacefmonline.com - An online portal owned and managed by Despite Media. 16 already referred to. On 15th June 2012, the Respondent filed a preliminary objection to the appeal filed by the Petitioner to this Court. Cogent Psychology, 8:1, 1998976, DOI: 10.1080/23311908.2021.1998976. Crevecoeur, Fort James. It was also to assist them offset the huge debts they might have incurred putting up such factories as it was in the case of B. I had the benefit of reading beforehand the lucid ruling just read by my esteemed brother Dotse JSC. Such a party need not be a party to the action. His father was a cocoa farmer and his mother was a vegetable farmer. B. In the instant case, once the application has been stated to be ex-parte, it connotes that it is not on notice and therefore is not in compliance with the procedural rules in rule 73 of C. I. In similar vein let us also refer to the relevant depositions in paragraphs 4, 5, 6, 9, 13, 14, 16, 17, 18 and 19 of the affidavit of Kizito Beyuo in opposition to motion to discharge the ex-parte order as follows: 4. He worked for GB Ollivant for a short period after which he resigned to set up his own company. 4. The Cape Coast castle was built by Hendrik Caeloff. 16 and order 4 rule 6 of C. I. He started working as a houseboy in Kumasi at the age of 12. The West African Institute of Mining, Metallurgy and Petroleum (WAIMM) hosted the third edition of the WAIMM Annual Industry Conference (WAIC) at the Auditorium of the Ghana Shippers Council in Accra, from the 16th 17th December 2019. 16 as follows:-, An application pursuant to article 134 of the Constitution in respect of a cause or matter, civil or criminal, shall be made by motion on notice and shall be served on a party who has interest in the cause or matter.. 17. Join Facebook to connect with Grace Amponsah Mensah and others you may know. He therefore took annual leave and decided not to return thereafter. 47 for the High Court, just to mention a few. Accra. 16 and perused the entire rules, but observed that no specific procedure rules have been made to regulate how this special jurisdiction by a single justice of the Court is to be exercised.. This is because, resort to the exercise of this single Justice jurisdiction has become popular. She produced marmalade and orange juice and supplied to Achimota School. Tete-Ansa was a Ghanaian businessman who lived In Nigeria and Gold Coast . Angela Amponsah Mensah is on Facebook. David Richard Sargan. Sao Jorge da Mina, Cape Coast castle Carolusborg, Osu castle Fort Christiansborg, Ussher fort. Sub-rule 2 gives the court the power whenever it is desirable at any stage of the proceedings to assign the interest or liability of a party to another person for the effective and complete determination of the matters in dispute, and order that person to be substituted for the first named party. ix. In order for the full facts to be put in proper perspective, the said Notice of Preliminary objection is reproduced in full as follows: Benjamin Amponsah Mensah - Petitioner/Applicant, Margaret Ann Mensah - Respondent/Respondent, Accra Respondent, NOTICE OF PRELIMINARY OBJECTION PURSUANT TO RULE 17 (1), SUPREME COURT RULES 1996, C.I. This is because the Notice of Appeal referred to is in respect of the order of 18th December 1996 on maintenance. Opera News does not consent to nor does it condone the posting of any content that violates the rights (including the copyrights) of any third party, nor content that may malign, inter alia, any religion, ethnic group, organization, gender, company, or individual. Ville de Paris, le-de-France, France. Benjamin Amponsah is a Senior lecturer at the Department of Psychology, University of Ghana. But since it was taken by a Single Justice, that application should have conformed to rule 73 of ci 16 and therefore on notice. I am advised and verily believe same to be true that, the cause of action in the pending appeal did not abate by reason of the death of the Petitioner. The bare constitutional provision on the jurisdiction of a single Justice in article 134 of the Constitution 1992 without the necessary procedural rules on how this jurisdiction is to be exercised will remain a white elephant. He surely went through loads of sleepless nights until God crowned his efforts with unimaginable success to the envy of the pretentious latter-day saints, Rawlings, P. V. Obeng and other members of the PNDC government. 4. Many Git commands accept both tag and branch names, so creating this branch may cause unexpected behavior. Check more flip ebooks related to History Textbook Basic 3 Teachers Guide of Smartcoders. Player data. Cyberbullying victimization among High School and University students in Ghana. By parity of reasoning, the further orders made on 18th December 2013 for service on the Applicants outside the jurisdiction is also set aside and or discharged. Even though many grounds of appeal were filed, ground I of the notice of appeal, is considered relevant for the purpose of this rendition and is reproduced below as follows: Both the Court of Appeal and the High Court misdirected themselves in failing to appreciate that as a matter of law and by the public policy behind the Matrimonial Causes Act, 1970 Act 367, upon a petition for divorce upon the ground that the marriage has broken beyond reconciliation because both parties have failed to live as husband and wife for a continuous period of five years immediately preceding the presentation of the petition, if the respondent concedes that the marriage has broken down and desires the dissolution of the marriage on that ground the Court is bound to dissolve the marriage at once unless there are compelling reasons why the dissolution of the marriage be delayed or deferred the day it appears before the court for hearing and that in the absence of such compelling reasons the Court should not entertain any application for maintenance pending trial, since in that event there is no issue for the purpose of deciding whether the marriage should be dissolved or not.. Procedural rules are not made in a vacuum. We concede the fact that the constitutional provisions in article 134 of the Constitution 1992 on the conferment of the single justice jurisdiction of the Supreme Court vests that jurisdiction in a single Justice of the Court. Thirdly, once we are of the firm conviction that the appeal in the interlocutory appeal did not survive the death of the original petitioner, the action in this court must fail. You have entered an incorrect email address! I had personally fetched water from both streams. Jurisdictional issues cannot be treated lightly, and once the procedure adopted, is wrong any step taken on such wrong procedure is untenable, is null, void and should be vacated and set aside once attention is drawn to it. Mr Benjamin Mensah, a Writer and lover of 'Face the wall' says the meal has now become part of his family's menu saying, " growing up, we did not eat kokonte at home because my mother was . The government passed and sold the properties on to other institutions and companies, most notably SSNIT, BAT and Duraplast. They built the forts for their soldiers to offer protection. In the same vein, Rule 73 of C. I. Before we proceed with this second issue as to whether the cause of action survived the estate of the deceased petitioner, it is pertinent to make the following observation. Bernard has more than 20 years of global trading and investing experience. Since most of the trading activities are done along the coast. Sakaman Chief: Oko Vanderpuye Shouldnt Attempt Pulling Down Our Houses; Else Ruto And Odinga Rail Against LGBT Court Ruling, Kokrokoo Discussion Segment On Peace 104.3 FM (01/03/2023), Kokrokoo Discussion Segment On Peace 104.3 FM (28/2/2023), Akan News @ 6pm On Peace 104.3 FM (28/2/2023), Kokrokoo Live On Peace 104.3 FM (28/2/2023), Kokrokoo Discussion Segment On Peace 104.3 FM (02/03/2023). He achieved his target having wiped off buckets of sweat from his forehead. 16 is incorrect because it is inconsistent with the power granted in article 134 of the Constitution 1992. The Petitioner/Appellant/Appellant (hereinafter referred to as the Petitioner) on 20th April 1994 commenced the petition herein against the respondent herein in the High Court for the dissolution of his marriage to the respondent. BANK OF AMERICA EUROPE DESIGNATED ACTIVITY COMPANY (FC026157) Company status Active Correspondence address Bank Of America, Two Park Place, Hatch Street, Dublin 2, Ireland . Motion ex -Parte for and on behalf of the respondent/applicant for an order substituting Bernard Mensah and Barbara Mensah being the deceased petitioners son and daughter respectively for the petitioner herein and for such further and other orders as to this Honourable Court may deem it fit.. They were impressed with his aptitude and sent him on a special managerial course. Indeed, having been referred to rule 73 of C. I. I am advised that in the circumstances of this case, the hearing and grant of the motion ex parte for the substitution by a single judge of this court is proper.. 47). What we make of the above contents of this Notice of Preliminary objection is that, the Respondent herein, therein respondent urged upon the Court that there was no valid appeal pending against the High Court judgment, and by parity of reasoning, the appeal lodged against the refusal of the Court of Appeal to stay execution of the maintenance orders to the Supreme Court. The soft disk may stick to the seat ring and cause the pop pressure to increase. 16 which supplement article 134 of the Constitution. She is one of the founders of the Women World Banking. The Petitioner appealed against the decision of the High Court to the Court of Appeal and applied unsuccessfully to the High Court for stay of execution of the order to pay maintenance pendente lite. AND TAKE NOTICE that the grounds of the objection are as follows: 1. This is the current retail price [] In the meantime, the High Court on 4th December 1997 dissolved the marriage and made certain awards in favour of the Respondent herein. Opera News furthermore does not condone the use of our platform for the purposes encouraging/endorsing hate speech, violation of human rights and/or utterances of a defamatory nature. The contention by the applicants herein that upon the death of the petitioner the cause of action did not survive the petitioner is misconceived. He submitted that the parties were in the Supreme Court because of the appeal filed by the Applicants father against the refusal of the Court of Appeal to grant a stay of execution of the order of maintenance pendente lite. See the complete profile on LinkedIn and discover Agape's connections and jobs at similar companies. By another order dated 18th December 2013, made by the same single Judge, leave was granted the Respondent to serve out of the jurisdiction by courier service the Order of Substitution on the Applicants herein. Amponsah, B., Dey, N. E. Y., & Oti-Boadi, M. (2021). From the above, the following facts are undisputed: i. referred to supra. Bookmark the can you use country names in scrabble. ABSTRACT This study examined the impact of occupational stress on psychological well-being looking at the mediating role of psychological capital (PsyCap) in the occupational stress and psychological well-being relationship. Main position. 8. It also affords investors and the investment community the perfect opportunity to meet key players of the mining and petroleum industry and become better informed about the happenings of the industry and areas targeted for investment.WAIC2019 was sponsored by Knight Piesold Consulting Ghana as the Headline sponsor with Anglogold Ashanti Obuasi mine and Perseus Mining Ghana Ltd as Gold sponsors. View Benjamin Amponsah Mensah's profile on LinkedIn, the world's largest professional community. He decided to resign in 1951, the company refused to accept his resignation letter as they had not benefitted sufficiently from their investment in him. Mensah, kingpin of the nation's private sector entrepreneurial class and pathfinder of indigenous mercantilism in post-independent Ghana, which event occurred on Friday 15 th - March 2013, if only to remind us of our impermanent or fleeting status is unbearably painful. He then went to North Carolina A&T State . C. I. I have never been, and will never be, a fan of that absurd, dehumanising, abusive and lawless syndromic "power-from-above". A. Mensah, was the son of Opanin Kwame Basoah (Agya) and Madam Akosua Donkor (Eno) from Kumawu. The Petitioner repeated his application for stay of execution in the Court of Appeal but it was also dismissed whereupon he appealed against that order to this Court. Have published several papers in this area and across cultures; including gender differences in spatial cognition, seasonal variations and sleep patterns . Production started in 1976. I am advised and verily believe same to be true that the contention by the applicant that a motion herein for the substitution of a deceased petitioner for the applicants herein ought to have been made on notice is untenable. The Petitioner/Appellant/Appellant (hereinafter referred to as the Petitioner) on 20th April 1994 commenced the petition herein against the respondent in the High Court for the dissolution of his marriage to the Applicant. Gender: Female Race: Black Or African . Spirituality and subjective well- being of Ghanaian parents of children with special needs: The mediating role of resilience. Mensah but also, to many other Ghanaian industrialists, especially, those of Akan descent. The above notice of appeal as can be gleaned from the processes referred to was against the decision of the Court of Appeal confirming the interlocutory ruling of Agnes Dordzie J, (as she then was) dated 18/12/1996 wherein she made an order of maintenance pendente lite of USD 100 per day pending trial. 16. In this case, a single Justice of this Court on the 26th day of November 2013 granted an ex-parte application for substitution in the following terms: And in the Matter of Motion Ex-parte For Substitution of Bernard Mensah, and Barbara Mensah being the deceased petitioners son and daughter herein, respectively for Benjamin Amponsah Mensah Petitioner/Appellant/Appellant. 16 already referred to supra. Some of these are: 1. We in this court will not concern ourselves with whether the judgment can be executed or not since that issue really does not arise for determination. He joined Bank of America Merrill Lynch in 2010 from Goldman Sachs in London. I don?t give them hell, I just tell the truth and they think it is hell Harry Truman. Journal of Industrial Engineering and Management, 9, 255-309. 16 vis--vis article 134 of the Constitution 1992, those cases with respect cannot hold and be applicable. In the first place, an order for maintenance had been made by the trial court as a result of which the Petitioner had appealed to this Court. In order to understand the basis and the rationale for the said application and why it was granted, we consider it appropriate to refer to the exact words used in the motion paper and paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of the affidavit in support of the said application. Gestion successive des boutiques situes boulevard Saint-Germain Paris VI & rue Saint-Antoine Paris IV. It was filed on behalf of the Respondent herein, therein applicant. By its final judgment the High Court ordered inter alia that the petitioner settle among others the matrimonial home on the respondent. Learned Counsel for the Respondent, Mr. Kizito Beyuo thinks so and has forcefully invited us to make findings to that effect. 19. 4 school of graduate studies, university of cape coast provisional pass list for 4th march, 2023 graduation master of commerce (finance) emmanuella ekua efiinu edwina esi afful loretta yayra aku atepor zakaria asumah mawusi ayisat yusuf nathaniel kwapong obuobi stephanie efua frimpong josephine yarso sarpong emmanuel asafo-adjei divine atinyo emmanuel kwakye . (We believe the Applicant stated therein should have read, Petitioner instead). Bernard received his BA in social sciences at the Joint School of Philosophy and Economics at the University of Bristol in 1989. In that ruling, the Court, speaking through me stated at page 4 paragraph 3 thereof thus: We have looked at the Supreme Court Rules, 1996 C. I. 6. It is in this respect that the provisions in rule 73 of C. I. To make accessible parliamentary, legislative and judicial information in digital form to the general public. A. Mensah and how to compel the authorities to release his confiscated factory and other properties to his children and relatives. The only matter we wish to add is that, perhaps it will be most desirable and appropriate for the Rules of Court Committee to come out with detailed rules on the exercise of this single Justice jurisdiction pursuant to article 134 of the Constitution. Mr. Benjamin Amponsah Mensah was born in Kumawu on 13th September,1924. He was the 8th out of 11 children of his parents, Opanin Kwame Basoa and Madam Akosua Taa (3 of the children died at birth), only one now remains. In that respect, learned Counsel contended that the application for substitution should have been pursued in the High Court. 7. However, with all due respect to my learned brother and the court, I am unable to agree that the application should have been brought on notice since it was brought before the single Justice of the Supreme Court. [2] Attitude toward cheating among Ghanaian undergraduate students: a parallel mediational analysis of personality, religiosity and mastery. B.A Mensah set up Textile Spinning Work Ltd ,a company which produced Asante Kente yarns. Subject to this observation I agree that the application succeeds and so same is dismissed. 13. He joined Bank of America Merrill Lynch in 2010 from Goldman Sachs in London. It has been argued that had the full bench of the Supreme Court sat on the ex parte application, it would have been proper. Assistant, Non-Motor, Reinsurance and Claims Department Ghana Union Assurance Company Limited Jul 2019 - Oct 20194 months Accra Assist the Claims Manager Calculate premium quotations for. Thereafter he expanded the business to include tobacco growing agriculture with the first export to Libya amounting to US$1.95 million. Please report any inappropriate content to us, and we will evaluate it as a matter of priority. See More, Opera News is a free to use platform and the views and opinions expressed herein are solely those of the author and do not represent, reflect or express the views of Opera News. Following the grant of the application for substitution, the Respondent herein then followed up with another application for leave to serve the order for substitution out of the jurisdiction and this was granted on 18th day of December 2013. & Arkorful, H. (2018). This is because that procedure is permitted by the High Court Rules. The applicant filed his application at the registry of the Supreme Court. Meanwhile following the trial the High Court on 4 December 1997 dissolved the marriage and made financial and other awards in favour of the Applicant. A. Mensah, was the son of Opanin Kwame Basoah (Agya) and Madam Akosua Donkor (Eno) from Kumawu.. This is because it was only the appeal against the interlocutory maintenance order that was pending in the Supreme Court. That the application by Respondents Lawyer for the Order of Substitution was improper as it should have been brought on Notice under Rule 73 of the Supreme Court Rules 1996, C I 16, and not ex-parte. He offered to pay what? An order staying execution of the order for payment of interim maintenance pending the hearing of the appeal to the Court of Appeal against the said order. We deliver captivating and enga. I can't endure the suffering no more. oklahoma trailer towing laws. Taking the above factors into serious consideration, we come to the following conclusions: The appeal against the interlocutory maintenance order being an order made in personam against the original Petitioner cannot survive after his death. 16. While the European officials and governors lived in the castles. My specialized areas of research are in cognitive, cross-cultural and experimental psychology. The Objects for which the Ghana Legal Information Institute (GhaLII) was formed are: Adam Vrs Nuamah (68 of 2019) [2020] GHACA 1 (05 February 2020); Davies Vrs Attorney General (1 of 2013) [2012] GHACA 1 (14 November 2012); Kunutsor Vrs Tetteh (160 of 2006) [2008] GHACA 35 (12 June 2008); Thompson Vrs Total Ghana Ltd (124 of 2008) [2008] GHACA 34 (31 July 2008); Torkornoo Vrs Chief Executive Tema Development Corporation and Another (119 of 2006) [2008] GHACA 33 (20 March 2008); Mensah Vrs Mensah (J7 7 of 2014) [2014] GHASC 145 (16 April 2014); To set up an online repository of legal information from Ghana, towards the promotion of Rule of Law, judicial accountability and good governance in Ghana and Africa. 18. The Late Mr. Benjamin Amponsah Mensah, well known internationally, nationally and locally as B. The business grew to be known as Nkulenu industries. In the 1970s, Ghanaian pioneer industrialists of whom B.A. Even though she came from a poor family background. Journal of Health Psychology, DOI:10.1177/1359105319873956. Contribute to chinapedia/wikipedia.en development by creating an account on GitHub. 16 of the Supreme Court Rules, vis--vis article 134 of the Constitution 1992. ii. See the Notice of Appeal referred to above. Content created and supplied by: JohnArthur_34 (via Opera Secondly, learned Counsel for the Applicants argued that being a matrimonial cause or matter, the death of the original Petitioner meant that the action did not survive him. He started working as a houseboy in Kumasi at the age of 12. Following extensive research and discussion with other international producers he set up International Tobacco Ghana Limted (ITG). Grace Amponsah Mensah is on Facebook. Individual and culture-level components of survey response styles: A multi-level analysis using cultural models of selfhood. The government passed and sold the properties on to other institutions and companies, most notably SSNIT, BAT and Duraplast. No useful purpose can be served by the Supreme Court entertaining an appeal against the refusal by the Court of Appeal of the Petitioner/Appellant/Appellants application for stay of execution of the judgment dated 4th December, 1997 pending a non-existent appeal. This has become very important and crucial because in some of the cases, the choice of the single Justice jurisdiction is not made by the parties, but a decision that is taken administratively by the Judiciary. It traded in imports of carbolic soap, key soap, Henkes Aromatic Schnapps and EK Gin. Seasonal variations, sleep quality and health vi. If you knew, you would not sit in Kumawu to say B. Save my name, email, and website in this browser for the next time I comment. An entrepreneur is a person who organises and controls a business with the aim of making profit. We therefore conclude that it was perfectly legitimate for the Respondent to have filed an ex-parte application to the Supreme Court for substitution of the original petitioner by the Applicants. In view of the issues raised in the affidavit in support and opposition, we deem it quite expedient to refer in extenso to the following paragraphs in the applicants affidavit in support- 8, 9, 10 and 12. He also worked at the Rubber Production sector in the Agriculture Department as a Civil servant. 2019 - 2023. 9. He was the 8th out of 11 children of his parents, Opanin Kwame Basoa and Madam Akosua Taa (3 of the children died at birth), only one now remains. To provide online free-access collection of journals, judgment and legislation from Ghana. High Court, infringes Rule 8 (2) of the Court of Appeal Rules 1997 C. I. As a result, the Applicants herein who are the personal representatives (Executors) cannot be substituted for the original petitioner. To deepen research in Ghanaian and African law.