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The Supreme Court through its decisions at the ordinary and review bench in the now famous case of THE REPUBLIC v. THE HIGH COURT, TEMA, EX-PARTE; THE VESSEL MT ROSE & ORS, KMO GOLDLINK INT. COMPANY LTD (INTERESTED PARTY) has demonstrated admirable judicial intellectual riguor and contest leading to the development of Ghanaian law in maritime actions and applications for injunctions generally.
The decision tells a story of exciting intellectual power and force on the Supreme Court Bench. A read of the decisions of both the majority and minority on the ordinary and review bench gives a scintillating read. The judicial and intellectual tug of war has its main characters as Kulendi JSC for the majority on the ordinary bench which was squeezed into a minority on the review bench and Adjei-Frimpong JSC in the ship of the minority on the ordinary bench which transmogrified into a majority when the minority ship sailed to the Supreme Court's review jurisdiction waters.
The brief facts of the case is that a motion was filed at the Tema High Court for the arrest of a ship. The motion was made made ex parte without notice to the ship and its owners. The High Court granted the motion ex parte for injunction and did not state, per its orders that the grant was to be for the procedurally mandated 10 days as per C.I 47.
Aggrieved by the orders, the ship and its owners invoked the supervisory jurisdiction of the Supreme Court seeking to quash the orders of the High Court which was Presided by H/L Justice Rita Agyeman-Budu J.(now late). Through their lawyer, Bobby Banson, they argued that the High Court lacked jurisdiction to grant the order as the motion violated the natural justice rights of the Ship and its owners. Indeed, they won the mind of the ordinary bench of the Supreme Court.
The tug of war begins
Kulendi JSC, who enjoyed support from the assertive Lovelace-Johnson and the oldest of the newest additions to the Supreme Court Bench, Dzamefe JSC offered a pointed analysis and reasoning for the quashing to the High Court decision. His analysis, heavy on natural justice rights and procedural regularity under C.I 47 were made devoid of maritime law principles.
With support from the respected Professor of Law, Mensa-Bonsu JSC, Adjei-Frimpong JSC, who writes as profuse as his opposite number per the decision [Kulendi JSC], gave a good account of himself showcasing his deep knowledge in maritime law.
25th Mar, 2026
3rd Dec, 2025
1st Jan, 2025
The decision of the Ordinary Bench, reported in our case report with the citation [TLP-SC-2025-66] saw a riveting dissent from the 'Star Boy' of the case. On the ordinary bench, despite the force of his view on the matter, the majority did not yield to him. His opinion was well researched and oozed authorities on the principle of a ship being deemed as a person in law. His opinion canvassed the principle of capacity of a ship to be sued and the reasoning for ex parte motions in arrest of a ship. His opinion, was indeed the more attractive of the two owing to the scope and depth it brought to bear to the decision delivered on 2nd December, 2025.
Dzamefe converted, Pwamang, Baffoe Bonnie tilt scale
By the decision of the Review Bench dated the 24th day of March, 2026, the position led by Kulendi JSC saw a reversal. His brother managed to pull the numbers on the review bench. The 'big boys' arrived and found the opinion of Kulendi JSC which enjoyed concurrence from his sister, Lovelace-Johnson as untenable.
Pwamang JSC, who is reputed for crisp legal analysis and tipped to replace his senior, Baffoe Bonnie JSC as the Chief Justice offered his voice to ferry the view of the Court undoing what Kulendi JSC had done on the ordinary Bench.
In a 5-2 decision, the Court formed the view that the ordinary bench erred by its failure to have a holistic view of the power of a Court in ex parte motions. The Court held that a Court ought not spell out the time limit for the operation of an injunction order as same is already provided under C.I 47. An order spelling out the 10- day validity period was merely engaged in an act of superfluity.
The Court affirmed the views of the minority that a ship has legal personality and may be sued. The review bench formed the view that the matter at the ordinary bench did not go to jurisdiction as the High Court has a window of entertaining ex parte motions and thus acted within jurisdiction.
Baffoe Bonnie concurred with his Junior Brother, Pwamang JSC. Dzamefe followed his seniors as he defected to the minority side of the ordinary bench of the Supreme Court. Adjei-Frimpong yet again, on the review bench, registered his voice albeit, tersely.
Kulendi, Lovelace-Johnson stay put
Kulendi and Lovelace-Johnson JJSC remained in the minority. Kulendi gave some bashing to his brethren forming the majority and now in Adjei-Frimpong's camp. According to him, they failed to have the benefit of the full decision of the Court for their analysis as same was not in evidence before them by way of the affidavit supporting the motion invoking the review jurisdiction.
In his usual forthright language, he seized the opportunity to correct his brethren and the Applicant on the error of understanding of the opinion of the majority on the ordinary bench. He pointed out that their decision never attempted to say a ship cannot be arrested by an ex parte motion. On the merits, he held that the principle of maritime law as provided in other jurisdiction are malleable in the face of procedural rules in Ghana which the High Court is bound by.
Adjei-Frimpong wins the tug of war
The 3-2 decision of the Supreme Court in THE REPUBLIC v. THE HIGH COURT, TEMA, EX PARTE; THE VESSEL MT ROSE & ORS, KMO GOLDLINK INT. COMPANY LTD (INTERESTED PARTY) [TLP-SC-2025-66] transformed into 5-2 decision in its recent form as reported with the citation [TLP-SC-2026-16] on our case report.
The majority decision of the Supreme Court on the ordinary bench which sent shock waves to the maritime industry and practice in Ghana had a short lifespan. Adjei-Frimpong pulled his side of the rope strong and fast as he secured the muscles of the two most senior judges on the Supreme Court bench, Baffoe Bonnie and Pwamang JJSC to his side. This was after he successfully proselytized Dzamefe JSC also to his side. He won the tug of war on the arrest of a ship by a motion ex parte. Adjei-Frimpong admirably 'fought' against a powerhouse in Kulendi JSC who enjoyed the support of the most senior female Supreme Court Judge, H/L Justice Avril Lovelace-Johnson.
The intellectual give and take on the Bench in EX PARTE MT ROSE beautifully demonstrates fiesty legal arguments by judges vehemently opposed to each other's views. It also displays the numbers game on the bench and the changing phases of judge made laws.
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