CAPTAIN ROBERT MBA TINDANA
V.
THE CHIEF OF DEFENCE STAFF, THE MINISTER OF DEFENCE AND THE ATTORNEY GENERAL

(2011) JELR 65298 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J4/33/2010 ·  12 Apr 2011 ·  Ghana
CORAM
BROBBEY JSC (PRESIDING) ,ANSAH JSC,OWUSU (MS) JSC, BAFFOE-BONNIE JSC , GBADEGBE JSC
Core Terms Beta
appeal
court
court of appeal
high court
point
applicant
notice of appeal
supreme court rules
armed forces
court of appeal rules
fundamental human rights
party
reasonable opportunity
said rule
whole appeal
active service
affidavit of the applicant
alleged breach of the fundamental human rights
armed forces act
armed forces regulations
civil procedure
civil procedure rules
consequential orders
date
exhibit d
exhibit e of the date
final decision
gbadegbe jsc
general officer
legal argument
matter of an application
means of an originating notice of motion
military orders
nature of the case
originating notice of motion
particular reference
provisions of article
record of proceedings
registry of the court of appeal
rules
said letter
said points
said provision
simple computation of time
suo motu
support of his case
time frame
trial high court
useful purpose
view of the fact

GBADEGBE JSC: On the 27th day of July 2007, the applicant by means of an originating notice of motion issued the process herein seeking among other reliefs “A declaration that that the respondents have breached the Armed Forces Act, 1962 (Act 105) and the Armed Forces Regulations by wrongfully releasing the applicant from active service” as well as certain consequential orders. It appears from the nature of the case put up by the applicant and in particular the mode by which the action was commenced that it was planked on the provisions of Article 33 of the 1992 Constitution. In fact in the body of the motion paper that originated the action herein it was boldly inscribed in the heading as follows:

“IN THE MATTER OF AN APPLICATION UNDER ARTICLE 33 OF THE 1992 CONSTITUTION AND ORDER 67 OF THE HIGH COURT (CIVIL PROCEDURE) RULES (CI 47)”.

Since the applicant based his action on Article 33 of the 1992 Constitution, it is important that the said provision of the 1992 Constitution on which he…

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