The Late Mr. Benjamin Amponsah Mensah, well known internationally, nationally and locally as B. 16 derived its source from article 134 of the Constitution 1992 any restriction on the application of the constitutional provision with rule 73 of C. I. 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. (b) In civil matters, any order, direction or decision made or given under this article may be varied, discharged or reversed by the Supreme Court, constituted by three Justices of the Supreme Court. 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. View flipping ebook version of History Textbook Basic 3 Teachers Guide published by Smartcoders on 2022-07-29. He worked for GB Ollivant for a short period after which he resigned to set up his own company. Thereafter he expanded the business to include tobacco growing agriculture with the first export to Libya amounting to US$1.95 million. David Richard Sargan. (2020). 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. Before we proceed with an analysis of the above issues, we are of the view that it is necessary for this court to correct a decision that was given per incuriam by this court in the unreported ruling in the case of Mass Projects Ltd v Standard Chartered Bank & Anr., already referred to supra. 12. Despite success in the courts and declaration that the seizure was illegal, at the time of his death the properties had still not been returned to Mr BA Mensah nor had he been properly compensated for their seizure. Bernard has more than 20 years of global trading and investing experience. As a result, the Applicants herein who are the personal representatives (Executors) cannot be substituted for the original petitioner. the Mass Projects Limited v Standard Chartered Bank & Anr. 8. 2. Check more flip ebooks related to History Textbook Basic 3 Teachers Guide of Smartcoders. Learned Counsel for the Respondent, Mr. Kizito Beyuo thinks so and has forcefully invited us to make findings to that effect. He enrolled in the Gold Coast Police Force after he lost his job in the Civil Service, He left the Police Service after being injured in the 1948 riots. Sub-rule 3 states as follows: An application for an order under this rule may be made ex-parte. Benjamin Mensah is a Vice President with Carlyle Strategic Partners, focused on distressed and special situations investment opportunities. A copy of the Petitioners Notice of Appeal is annexed hereto marked as KBI. His father was a cocoa farmer and his mother was a vegetable farmer. For all this while, where were Rawlings and Paul Victor Obeng, the eventual rogues who caused the lamentable downfall of B. Bernard Mensah and the team from Bank of America, Patrick Awuah the founder and president of Ashesi University and other students. 2018.1493369, Dey, N.,Amponsah, B., & Wiafe-Akenteng, C. B. [2] Both parents are deceased.? Angela Amponsah Mensah is on Facebook. Bernard Mensah is the President of Europe, the Middle East and Africa (EMEA) and the co-head of Global Fixed Income, Currencies and Commodities (FICC) Trading at Bank of America Merrill Lynch. 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. 19 and thereby renders the said appeal void. In the instant case, it does not take much to observe that the Applicants herein who are the Executors of the Will of the original Petitioner in the case are definitely interested persons in the cause or matter that is the subject of this ruling. If that is so, then it would appear that these would be relating to real property, and therefore in rem. The contention by the applicants herein that upon the death of the petitioner the cause of action did not survive the petitioner is misconceived. Amponsah, B., Dey, N. E. Y., & Oti-Boadi, M. (2021). 5. However, the matter is not so simple. A fort is a building which is occupied by soldiers as their permanent post to offer protection. They were impressed with his aptitude and sent him on a special managerial course. Following extensive research and discussion with other international producers he set up International Tobacco Ghana Limted (ITG). I am therefore of the view that ,that the application was made ex parte before a single justice of the supreme court is not fatal. 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. We are also aware that in many instances like the above, resort has been made to the High Court (Civil Procedure) Rules, 2004 (C.I. B.A. Asante Kotoko CEO Nana Yaw Amponsah has tweeted about his working visit to Herbert Mensah. Production started in 1976. Peacefmonline.com accepts no responsibility legal or otherwise for their accuracy of content. 16 already referred to. They were impressed with his aptitude and sent him on a special managerial course. 4. The Military Government (Supreme Military Council 1) of General I. K. Acheampong granted B. This is the beginning of the series of well-intentioned publications to expose all those who failed the late B. My specialized areas of research are in cognitive, cross-cultural and experimental psychology. But then, there is this deposition that some immovable properties have been resolved in favour of the Responent in the final judgment. That being the case we hold and rule that the appeal that was pending in this court in respect of the interlocutory order for maintenance has lapsed due to the death of the Petitioner and delivery of the final judgment. oti benjamin duah winfred kponor . Winifred Tete-Ansa Benjamin Amponsah Mensah George (Paa) Grant J.K. Siaw (draw your own picture) You have permission to photocopy this page. I. Ghana has the most colonial forts and castles in Africa. A Mensahs wealth is dwindling. This is the current retail price [] That I am advised by Counsel and verily believe same to be true that causes of action in divorce matters do not survive parties to the petition to enable the Courts to substitute a deceased party by His Executor (s). II. 2019 - 2023. WAIC2019 presentation by Dr P. Amponsah-Mensah, Managing Director, Pamicor Ltd 129 views Feb 6, 2020 The West African Institute of Mining, Metallurgy and Petroleum (WAIMM) hosted the third. 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. Prior to joining Carlyle, Mr. Mensah was an investment analyst at Paulson & Co., focused on event-driven investments across the capital structure. window.__mirage2 = {petok:"dt1OzyyBrCCd_rmKg9_QIhJCtjDG2L4V5NpShEsGW7c-3600-0"}; The name Benjamin Amponsah Mensah was a construct which he acquired when he was about 12 and working as a house boy in Kumasi.In 1944, Benjamin obtained his first employment with John Holt Ltd in Kumasi as a Merchandize Invoicing Clerk. He supported local businesses such as timber ,palm oil and other local raw material producers. He was later employed as a clerk with John Holt Ltd. The Cape Coast castle was built by Hendrik Caeloff. We believe that it was the above practice that made the Supreme Court to rely on provisions in the High Court Rules in C.I. View Benjamin Amponsah Mensah's profile on LinkedIn, the world's largest professional community. In the meantime, the High Court on 4th December 1997 dissolved the marriage and made certain awards in favour of the Respondent herein. Giu 11, 2022 | how to calculate calories per serving in a recipe Dey, N. E. Y., & Amponsah, B. ?Rawlings and P. V. Obeng said to have been tax evasion, double or triple the amount but the Inland Revenue Department refused payment saying, an order from above had directed them not to accept any payment cheque from him but to seize the factory and other properties belonging to B. 13. There is absolutely no doubt that the death of the original Petitioner in the matrimonial action would have brought the case to an end. The Applicant, unfortunately passed away on or about 15th March 2013 whilst his appeal to this court is still pending. Mensah but also, to many other Ghanaian industrialists, especially, those of Akan descent. She is one of the founders of the Women World Banking. Learned Counsel therefore argued that based on the above procedural rules and the case of Cook v Kutsoatsi and Others [1960] GLR pages 97-98 per Adumoah Bossman the procedure adopted in applying to the Court ex-parte for substitution of the deceased Petitioner was proper. 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.. There is a Notice of Preliminary objection to the propriety of Interlocutory appeal in this Court against the interim maintenance orders. He joined the Civil Service and during the Second World War, he worked in the Agriculture Department of the Rubber Production Sector. A. Mensah, was the son of Opanin Kwame Basoah (Agya) and Madam Akosua Donkor (Eno) from Kumawu. A. Mensah, was the son of Opanin Kwame Basoah (Agya) and Madam Akosua Donkor (Eno) from Kumawu. Contribute to chinapedia/wikipedia.en development by creating an account on GitHub. Experimental Psychology. Rather he is a youth chief not a, can someone please help me with a loan of 10000. The trial commenced on 23rd July 1997 and in the course of the proceeding the High Court ordered the petitioner to pay the respondent maintenance pending the determination of the suit. Thirdly, learned counsel for the Respondent argued that, since the Supreme Court rules C. I. They built many forts and castles there. 47, where a party dies and the cause of action survives, the action shall not abate by reason of the death of that party. Have published several papers in this area and across cultures; including gender differences in spatial cognition, seasonal variations and sleep patterns . Prt--porter pour femme & homme. 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Bookmark the can you use country names in scrabble. This is because that procedure is permitted by the High Court Rules. 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. Mr. Benjamin Amponsah Mensah was born in Kumawu on 13th September,1924. Secondly, being interlocutory in nature, it would even have ended with the delivery of final judgment unless it was incorporated into the final judgment. He was thereafter employed by GB Ollivant. She gained a scholarship to study in Achimota School. It is in this respect that the provisions in rule 73 of C. I. This is because such a cause of action is a personal action and is generally referred to as one in personam and as a result does not survive the death of a party. 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. They built the forts for their soldiers to offer protection. Join Facebook to connect with Grace Amponsah Mensah and others you may know. The theme for the conference is \"SUSTAINABILITY OF THE NATURAL RESOURCES SECTOR IN THE WEST AFRICAN SUB REGION GIVEN CURRENT STATE OF GLOBAL EXPLORATION AND INVESTMENT TRENDS\". I quite remember one Agyei Danso, a student of?Tweneboah?Kodua?Secondary School?telling some people off saying, You Kumawu people are villagers, go to?Accra?and see the huge industry B. In view of the above submissions learned counsel for the applicants prayed this court to discharge the ex-parte order made by the court substituting the applicants herein in place of their deceased father, for breach of article 134 (b) of the Constitution 1992 section 7 of the Courts Act, 1993, Act 459 and rule 73 of C. I. The clothing on a Court with jurisdiction often predates the promulgation of procedural rules. 12. 10. A repeat application for stay at the Court of Appeal was also dismissed. 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. The Part of the Decision Complained of is as follows: The decision refusing the application for staying execution pending the appeal to the Court of Appeal against the order of the High Court, Accra, presided over by Mrs. Agnes Dodzie J, made the 18th day of December 1996, whereby, pending the hearing of the Petition by the Petitioner/Appellant/Applicant/Appellant for divorce, he was to pay to the Respondent/Respondent/Respondent/Respondent interim maintenance of $100US per day till the marriage was dissolved. From the processes which will be referred to in extenso, the Respondent sought to question the propriety of the Petitioner therein filing an appeal against the final High Court judgment dated 4th December 1997 in the wrong venue, i.e. I am advised and verily believe same to be true that intendment of the rule in rule 73 of this courts rules is that notice of an application ought to be served on the parties to the suit whose interest may be affected by the application. 47 for the High Court, just to mention a few. By what process and methods these jurisdiction is to beinvoked and exercised is not stated. The Notice of Appeal itself was filed on 8/12/1997. It has been submitted that, the reference, Shall be served on a party who has an interest in the cause or matter actually refers to a party in the case who has an interest in the matter. BENJAMIN AMPONSAH MENSAH - PETITIONER/APPELLANT (SUBSTITUTED BY BERNARD MENSAH APPELLANT/APPLICANTS AND BARBARA MENSAH) VRS MARGARET ANN MENSAH - RESPONDENT/RESPONDENT/RESPONDENT/RESPONDENT RULING DOTSE JSC: It is provided in article 134 (b) of the Constitution 1992 as follows: //]]> However, once the jurisdiction had been exercised by a single Justice then, rule 73 of C. I. In that respect, learned Counsel contended that the application for substitution should have been pursued in the High Court. It is led by the chairman-elect, Apostle Samuel Amponsah-Frimpong, with Apostle Samuel Addai- Kusi as the General secretary-elect. That it was placed before the single Justice was purely administrative and was not pursuant to Article 34 of the Constitution. The Europeans came in their numbers and they needed a place to stay and trade. Congratulations to Mike Liked by Benjamin. MR. KIZITO BEYUO FOR THE RESPONDENT/RESPONDENT/ RESPONDENT/RESPONDENT. Ghana Position: Defender - Right-Back Player agent: Alpha sports Management Ltd. Current club: Peterborough United U21 Joined: Jul 1, 2021 Contract expires: -. 16. 3. However, we again observe from the processes put before us in this application, that, the Respondents Solicitors filed a Notice of Preliminary objection pursuant to Rule 17 (1) of C. I. Responding, learned Counsel for the Respondent, Kizito Beyuo made the following submissions. It is for the above reasons that we are of the considered view that the Application by the Applicants herein to this court succeeds. Have published several papers in this area and across cultures; including gender differences in spatial cognition, seasonal variations and sleep patterns across cultures etc. 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.. Finally, learned Counsel argued that, since at the time the Petitioner died, the Court had pronounced final judgment, there was an enforceable judgment which did not extinguish with the death of the Petitioner. I do not see how an applicant can be made to suffer because of the administrative convenience of the self-same Supreme Court. If such an application had been put before the regular panel of five Justices of the Court for determination there would have been no problem as that would be deemed to be the proper procedure. To increase transparency and accountability in the administration of justice. What it does mean in effect is that, our rules of procedure on the exercise of the jurisdiction of the single justice of the Supreme Court in rule 73 of C. I. He joined the Civil Service and during the Second World War, he worked in the Agriculture Department of the Rubber Production Sector. sept. 2013 - avr. 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. Indeed, that constitutional provision is absolute and is superior to any other statutory and or subsidiary legislation such as C. I. Torgbui Binah is never the paramount chief of Ziope traditional area . Bachelor's degreeComputer ScienceSenior. 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). A. Mensah & Co., as an import/export company. It traded in imports of carbolic soap, key soap, Henkes Aromatic Schnapps and EK Gin. Career [ edit ] Mensah was educated at Northampton Academy , during which time he played for Aston Villa 's academy , before later joining Peterborough United . 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. The government passed and sold the properties on to other institutions and companies, most notably SSNIT, BAT and Duraplast. The Late Mr. Benjamin Amponsah Mensah, well known internationally, nationally and locally as B. He helped farmers in Gold Coast to sell their cocoa beans outside the country. He joined Bank of America Merrill Lynch in 2010 from Goldman Sachs in London. He sought the advice of Solicitors and after discussion his resignation was accepted. 9. 7. On the contrary, learned counsel for the Applicants, Mrs. Victoria Barth thinks otherwise and contends even that the judgment if indeed it was delivered on 4th December 1997 cannot even be executed as of now because of stipulated timelines that regulate the execution of judgments. Save my name, email, and website in this browser for the next time I comment. Nsoatreman FC Premier League League level: First Tier Joined: Aug 14, 2022 Contract expires: - This list of foreign football players in India consists of players who are currently playing or have played in India, either in top division leagues like Indian Super League, I-League (alongside now defunct National Football League I, II & III), I-League 2nd Division, or in regional competitions such as Calcutta Football League, Goa Professional League, alongside domestic knock-out tournaments . Giu 11, 2022 | how to calculate calories per serving in a recipe On 15th June 2012 the Applicants filed a preliminary objection to the Petitioners appeal to this court. 15. The above are just bare jurisdictional provisions on the supervisory jurisdiction of the Supreme Court. See who you know in common. From the outset, Rawlings and his bogus PNDC government will be held guilty for the harm they did not only to B.A. Despite success in the courts and declaration that the seizure was illegal, at the time of his death the properties had still not been returned to Mr BA Mensah nor had he been properly compensated for their seizure. I wonder! 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. 107 Resources Resource 6: Ghanaian entrepreneur cards (continued) The father of Gold Received an Coast politics honorary doctorate in December 2015 Started Christ Promoted the In that respect therefore, the Respondent raised questions which cast doubts on how an appeal that appears to be non existent can give life to an appeal against the Court of Appeals refusal to grant a stay of execution of the High Court order for payment of maintenance which grounded an appeal to the Supreme Court. Journal of Workplace Behavioral Health. He worked hard and built savings, later setting up the manufacture of Asante Kente Yarns in 1960, a company which he registered as Textile Spinning Works Limited. Did they not impound his three ash-coloured Mercedes Benz? Counsel referred to the ruling in the unreported Suit No. This Rule makes specific provisions on how a single justice jurisdiction is to be exercised, then a fortiori, it means that resort to any other procedure contrary to the courts own procedure rules will render null and void any contrary procedure. However, the point ought to be made that all the provisions in the Constitution 1992 which have conferred specific jurisdiction on the Supreme Court, and indeed other Courts have had corresponding procedure rules enacted for the Courts, i.e. Therefore the use of a writ for example in invoking supervisory jurisdiction will not be countenanced. She referred to the case of Republic v High Court, Accra Ex-parte All gate Co. Ltd. Amalgamated Bank Ltd Interested Party [2007-2008] SCGLR 1041. [CDATA[ 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. He started working as a houseboy in Kumasi at the age of 12. please help me. IV. 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. Opinions expressed here are those of the writers and do not reflect those of Peacefmonline.com. 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 President of the African Investment Group, Dr. Sam Ankrah has entreated Bank of Ghana (BoG) to peg the value of the cedi to the dollar at 10 cedis. Becker, M., Vignoles, V. L., Owe, E., Easterbrook, M. J., Brown, R., Smith, P. B.,Abuhamdeh, S., Cendales Ayala, B., Gararsdttir, R. B., Torres, A., Camino, L., Bond, M. H., Nizharadze, G.,Amponsah, B., Schweiger Gallo,I., Prieto Gil, P.,Lorente Clemares, R., (May 31, 2017). 19, there is no valid appeal against the trial High Courts judgment pending anywhere on the strength of which the Supreme Courts jurisdiction can be said to have been properly invoked to entertain the present appeal against the Court of Appeals refusal to stay execution pending the said non-existent appeal or any other matter pertaining to the trial High Courts judgment dated 4th December 1997.
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