Mansfield v Director of Public Prosecutions

It is inevitable that cases that can give rise to civil litigation and criminal prosecution have arisen and would continue to arise in Ghana. However, the dogmatic adherence to the so-called rule in Smith v Selwyn by Ghanaian courts, without examining the rationale and utility of it in modern times, was not only anachronistic but has caused injustice to litigants. The rule must now be consigned to the legal archives, as it has long been abolished, even in England where it was originally propounded. However, a flexible version of the rule must be retained to serve public interest and promote the ends of justice in real and compelling cases. In this regard, the English Court of Appeal approach in Jefferson Ltd v Bhetcha provides a helpful guide for Ghanaian courts. It is also in tandem with the dictum of Justice Woode in the Ghanaian case of In Re Ashalley Botwe.