MICHAEL ANKOMAH-NIMFAH
V.
JAMES GYAKYE QUAYSON & 2ORS

(2020) JELR 109747 (SC)

Supreme Court 13 Apr 2020 Ghana
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- The Plaintiff/Applicant sought an interlocutory injunction from the Supreme Court of Ghana to restrain the 1st Defendant/Respondent, James Gyakye Quayson, from acting as Member of Parliament for Assin North, pending the final determinatio

Case Details

Suit Number:J1/11/2022
Judges:DOTSE JSC (PRESIDING) DORDZIE (MRS.) JSC AMEGATCHER JSC OWUSU (MS.) JSC TORKORNOO (MRS.) JSC PROF. MENSA-BONSU (MRS.) JSC KULENDIJSC
Counsel:FRANK DAVIES ESQ. WITH BRIGHT OKYERE AGYEKUM ESQ. AND JOHN CLOTTEY-SEFA FOR THE PLAINTIFF/APPLICANT. TSATSU TSIKATA ESQ. FOR THE 1sr DEFENDANT/RESPONDENT. EMMANUELADDAI ESQ. FOR THE 2ND DEFENDANT/RESPONDENT. GODFRED YEBOAH DAME (ATTORNEY-GENERAL) WITH HIM ALFRED TUAH­ YEBOAH (DEPUTY ATTORNEY-GENERAL), DINAH ASONABA DAPAAH (DEPUTY ATTORNEY-GENERAL) AND DR. SYLVIA ADUSU {CHIEF STATE ATTORNEY) FOR THE ]RD DEFENDANT/RESPONDENT.

MAJORITY OPINION KULENDI JSC:-

INTRODUCTION:

This is an application for an order of interlocutory injunction pending the determination of a writ invoking this Court's original jurisdiction. The Plaintiff/Applicant (hereinafter called the "Applicant'') is seeking an order to restrain Mr. James Gyakye Quayson, the 1st Defendant/Respondent (hereinafter called the " 1st Respondent''), from holding himself out as a Member of Parliament for the Assin North Constituency, presenting himself before and/or attending Parliament to conduct the business of Member of Parliament pending the final determination of Applicant's suit.

BACKGROUND

The application under consideration is anchored on a writ which the Applicant caused to be issued on the 24th of January, 2022, invoking the original jurisdiction of this Court for the following reliefs:

1."A Declaration that upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana at the time of filing his nominati…

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