Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ADAMU
V.
UNIVERSITY OF CAPE COAST AND ANOTHER

(1999) JELR 63918 (HC)    
High Court  ·  15 Jul 1999 ·  Ghana
 · 
Other Citations
[1999-2000] 1 GLR 548
CORAM
KUSI-APPIAH J

Ratio Decidendi

Core Terms Beta
commission
high court
action
court
counsel
jurisdiction
supreme court
first defendant university
human rights
supervisory jurisdiction of the high court
administrative justice
fundamental human rights
second defendant
supervisory jurisdiction of the supreme court
defendants
said section
associate professor
military tribunal
position of senior lecturer
adjudicating authority
civil procedure
first objection
learned counsel
lower court
lower courts
provision of this constitution
recommendations of the commission
supervisory jurisdiction
abuse of the court
administrative justice act
authority of the suspended constitution
commission claims
commission’s first contention
common law power of the high court
course of the exercise
crucial question
decision of the commissioner
defendant university
ex parte ofosu armaah
issue orders
judicial review of administrative action
next limb of the preliminary objection
refusal of the defendant university
respect of their fundamental human rights
rule of law
second objection
similar issue
view of the provisions of section
way of reply
wide supervisory power

KUSI-APPIAH J.

On October 1998 the plaintiff filed a writ in this court against the defendants herein. By that writ, the plaintiff sought:

“(a) A declaration that the failure or refusal of the defendant university to promote in 1991[sic](2) the plaintiff from the position of senior lecturer to that of associate professor was unjustified and discriminatory.
(b) An order compelling the defendant university to remedy the situation by promoting the plaintiff from the position of senior lecturer to that of associate professor with effect from 1988 up to the date of the plaintiff’s retirement from the employment of the university.
(c) A declaration that the decision of the Commissioner for Human Rights and Administrative Justice dated 29 September 1995 is without justification and should be set aside.
(d) General damages against the first defendant university.”

Upon being served with the writ, the second defendant, the Commission for Human Rights and Administrative Justice (hereinafter referre…

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