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DAASEBRE NANA ASARE BAAH III & 2 ORS.
V.
THE ATTORNEY-GENERAL & ANOR.

(2012) JELR 65707 (CA)

Court of Appeal 14 Jun 2012 Ghana
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- The plaintiffs/appellants filed an action in the Supreme Court claiming that the selection of Nkonya Ahenkro as the district capital of the Biokoye District was in violation of the law. - The Supreme Court dismissed the case, stating that

Case Details

Suit Number:CIVIL APPEAL NO. H1/53/2012
Judges:A. ASARE-KORANG J. A [PRESIDING], HENRIETTA ABBAN (MRS) J. A, F.G. KORBIEH J.A.
Counsel:MR. JAMES AHENKORA FOR PLAINTIFFS/APPELLANTS ,GRACE EWOOL (STATE-ATTORNEY) FOR 1ST RESPONDENT

F.G. KORBIEH, J.A.

A summary of the facts leading to this appeal is as follows: the first two plaintiffs/appellants herein (together with three others) instituted an action in the Supreme Court against the defendants/respondents herein, purporting to invoke that Court’s original jurisdiction and to ask for certain reliefs. In her judgment in that case, her ladyship the Chief Justice (Wood C.J.) distilled their claim into two verified particulars; to wit

‘1. The President’s failure to direct the Electoral Commission to undertake a study and submit findings and recommendations for his study in contravention of s. 1 of the Local Government Act, Act 462, for which reason E.I. 11 2007, being in violation of articles 240, 241 and 296 of the 1992 constitution are a nullity.

2. The purported naming of Nkonya Ahenkro, (rather than Worawora) as District capital per L.I. 1910 without gazette notification is in breach of the law, and constitutes a capricious, arbitrary, unfair and unreasonable of ex…

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