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

(2012) JELR 65707 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/53/2012 ·  14 Jun 2012 ·  Ghana
CORAM
A. ASARE-KORANG J. A [PRESIDING], HENRIETTA ABBAN (MRS) J. A, F.G. KORBIEH J.A.
Core Terms Beta
supreme court
plaintiffs
exhibit wba
exhibit ag
case
trial court
legislative instrument
trial judge
1st defendant
district capital
capital of the biokoye district
learned trial judge
biokoye district assembly
chief justice
high court
legal issues
date of gazette notification
defendants’ version
diners club of suise s.a.
grounds of appeal
legal argument
legal duty
plaintiffs’ action
selection of nkonya ahenkro
statement of claim
trial
version of l.i.
breach of the law
case of the plaintiffs
copy of the judgment of the supreme court
court’s original jurisdiction
exhibits ag
following reliefs
judgment of the supreme court
jurisdiction of the supreme court
latter pronouncements
legislative review jurisdiction of this court
local government act
main thrust of counsel
plaintiff’s action
plaintiffs’ action simpliciter
plaintiffs’ case
plaintiff’s second complaint
pronouncement of the supreme court
purported naming of nkonya ahenkro
sgd f. g. korbieh
summary of the facts
unanimous decision
valid law
very foundation of the plaintiff

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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