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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 68610 (SC)

Supreme Court 19 Jul 2013 Ghana
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- The Supreme Court held that “Government” under Article 181(5) of the 1992 Constitution ordinarily refers to central government and does not include statutory corporations with separate legal personality and operational autonomy, such as t

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; GRACE OPPONG (S S A ) WITH HER AKUA GYAMFUA BOAKYE-ACHEAMPONG ( ASA) FOR THE 1ST DEFENDANT.,TONY LITHUR WITH HIM CEPHAS MORTEY FOR THE 2ND DEFENDANT.,ACE ANKOMAH WITH HIM KWESI FYNN FOR THE 3RD DEFENDANT.,YONI KULENDI WITH HIM DENIS AGYEI DWOMOH MODESTA ASANTEWAA,FOSU AND JOSEPH BERNARD ASHALLEY FOR THE 4TH DEFENDANT.

JUDGMENT

DR DATE-BAH JSC

This Court on 16th January 2013 delivered a ruling in which it dismissed the preliminary objection of the defendants (bar one) to the jurisdiction of this Court in this suit. The material facts of this case as stated in that ruling remain apposite and are set out again below.

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 Secon…

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