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The Supreme Court in a majority decision of 5-2 has reversed its decision in the case of 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].
The Supreme Court in its review jurisdiction on the 24th day of March, 2026 in the said case whose review application is numbered J7/13/2026 held that the decision of the ordinary bench was wrong and endorsed the decision of the Tema High Court which granted an ex parte application for the arrest of the Applicant-ship, THE VESSEL "MT ROSE" .
The Supreme Court panel on the ordinary Bench at the review stage of this very important case and decision with very crucial effects on the Ghanaian maritime industry had the company of the two most senior Supreme Court Justices, The learned Chief Justice and the prolific Justice Gabriel Scott Pwamang.
The minority in the decision of the ordinary bench which were the brilliant Adjei Frimpong and the Professor of Law, Mensa-Bonsu JSC had Justice Dzamefe defect to their camp and the new additions siding with them.
Justices Kulendi ahd Lovelace Johnson stuck to their guns on the irregularity of arresting a ship via an ex parte application. They disagreed with the views of the minority that maritime actions ought be given treatment as applicable to the industry the world over. Thus the coram and voting pattern of the full Bench is as follows:
Coram:
Majority
Justice Baffoe Bonnie CJ, Presiding
Justice Pwamang
Justice Mensah Bonsu
Justice Adjei Frimpong
Justice Dzamefe
Minority
Justice Lovelace Johnson
Justice Yonny Kulendi
Click here for the reversed judgment 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].
1 day ago
18th May, 2026
16th May, 2026
16th May, 2026
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