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General News of Wednesday, 22 December 2004

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27-year-old case still pending

THAT IS A DAMN SHAME TO OUR JUSTICE SYSTEM

Have you ever wondered why a court case would last for 27 years? This is a challenge for the Attorney-General. A case in the Ghana High Court is still on going after all this time. This is a true story of 9 brothers and sisters, children of a wealthy Ghanaian, who have never enjoyed the wealth of their late father after a family dispute over his will. Currently, only 5 children are left, and one wonders if any will live to see their inheritance. I do not think the current Chief Justice with his great personality and high energy would appreciate the fact that a case would last for 27 years. That is a absurd and a travesty of justice.

One wonders how long the judiciary system takes in Ghana to settle land and property disputes. In the Western world, cases are critically investigated and judges are mostly present at hearings to solve cases. It is most likely that cases would not last for over 27 years. The writer raises this question after reading what Papa Owusu Ankomah, the Attorney General and Minister of Justice said about corruption and warning the judiciary system to refrain from corruption.

The writer cites this example of a court case involving the family property, for over 27 years each court hearing leads to another. Whenever there is a court hearing one may find that a solicitor/lawyer would give a reason of being "off sick ". Judges makes unexpected excuses as to why the case will have to be adjourned again, and that prolongs the case. Documents go missing etc. Any win can always be overturned on appeal (justice, or is it because the price is right?). I will say nothing of hints that the path can be 'smoothed' by both lawyers and judges.

One wonders if this case will ever end. Currently, the family does not reap the benefit of the proceeds from the main property, now used as a School. The current 'owner' can fund his 'appeals' from the income

and has mortgaged all the assets. It can be argued that there are still big hiccups in the Ghanaian judiciary system and the Attorney-General's promises of a corruption free judiciary system may be really tested when this case comes to court again next year.

This is certainly a case the Attorney-General's new system one would expect to put an end to.