Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1992) JELR 69624 (HC)    
High Court  ·  21 Oct 1992 ·  Ghana
Other Citations
[1993-94] 2 GLR 413

Ratio Decidendi

Core Terms Beta
first defendant-respondent
behalf of the plaintiff
particulars of the first defendant-respondent
second defendant-respondent
order of this honourable court
said objection
first defendant
part of ghana
candidature of the first defendant
presidential candidate of the national democratic congress
plaintiff’s pleadings
honourable court
presidential election
justice of the case
criminal charges
order of interim injunction
said affidavits
united kingdom
mr. obeng-manu
civil proceedings
force of the constitution
foreign country
mr obeng-manu
second defendant
statutory declaration
virtue of the provisions of article
name of the first defendant
consequential provisions
plaintiff’s main grounds
statement of claim
such offence
mr. joe reindorf
question marks
british subject
ghana nationality act
prima facie case
particulars of the first defendant
dual nationality
interim national electoral commission
office of president of the republic
said country
president of the republic of ghana
attainment of the age
provisional national defence council
civil procedure
british crown
public forum
foreign power

ESSILFIE-BONDZIE J.: This is an application made on behalf of the plaintiff for an order of interim injunction:

(1). “To restrain the first defendant-respondent herein from holding himself out and/or campaigning on any platform or at any public forum as presidential candidate of the National Democratic Congress (NDC) in any part of Ghana pending the hearing and final determination of the suit.
(2). To restrain the second defendant-respondent from including the name and particulars of the first defendant-respondent in the performance of its functions in relation to the conduct and supervision of the 3 November 1992 presidential election.”

On 12 October 1992 the plaintiff sued the defendants, as indorsed on the amended writ of summons and amended statement of claim, for the following reliefs:

(i). “A declaration that the first defendant, Jerry John Rawlings, is a person unfit and disqualified from standing for or holding the office of President of the Republic of Ghana.
(ii). A declaration…
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