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FELIX KLOMEGA
V.
THE ATTORNEY-GENERAL, GHANA PORTS AND HARBOURS AUTHORITY, MERIDIAN PORT HOLDINGS LIMITED AND MERIDIAN PORT SERVICES LIMITED

(2013) JELR 68609 (SC)

Supreme Court 16 Jan 2013 Ghana
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- The plaintiff, a citizen and taxpayer of Ghana, issued a Writ on 23rd August 2011, invoking the original jurisdiction of the court. The plaintiff claimed that the Shareholder Agreement and the Concession Agreement, both dated 17th August

Case Details

Suit Number:CIVIL APPEAL NO. J1/10/2012
Judges:ATUGUBA J.S.C (PRESIDING), DR. DATE-BAH J.S.C, ANSAH J.S.C, ADINYIRA (MRS) J.S.C., OWUSU (MS.) J.S.C, DOTSE J.S.C, ANIN-YEBOAH J.S.C., BAFFOE-BONNIE J.S.C, GBADEGBE J.S.C
Counsel:DR. AZIZ ABDUL BAASIT BAMBA FOR THE PLAINTIFF; CECIL ADADEVOH (PRINCIPAL STATE ATTORNEY) FOR THE 1ST DEFENDANT.,TONY LITHUR (WITH HIM PHILIP JIMANOR) FOR THE 2ND DEFENDANT.,ACE ANKOMAH (WITH HIM KOW ESSUMON) FOR THE 3RD DEFENDANT.,YONI KULENDI (WITH HIM DENIS DWOMOH AND MODESTA ASANTEWAA FOSU) FOR THE 4TH DEFENDANT.

DR DATE-BAH JSC:

The plaintiff issued a Writ on 23rd August 2011, invoking the original jurisdiction of this Court and claiming the following reliefs:

1. “A declaration that on a true and proper interpretation of article 181 of the Constitution the expression “government” in article 181 includes a state entity that possesses the characteristics of Second Defendant;

2. A declaration that on a true and proper interpretation of article 181 of the Constitution, the requirements in article 181 equally apply to a state entity such as Second Defendant, that enters into an international economic transaction;

3. A declaration that the Shareholder Agreement dated the 17th day of August 2004 and entered into between Second Defendant, and Third and Fourth Defendants, is an international business or economic transaction, and that the failure and or neglect to submit it to Parliament for approval renders it null, void and unenforceable pursuant to 181 of the 1992 Constitution;

4. A declaration that the …

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