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FRANK OTAH ENYEREM
V.
LOGISTICS INC. LIMITED AND OTHERS

(2016) JELR 68778 (SC)

Supreme Court 5 Dec 2016 Ghana
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- Supreme Court unanimously held that, under Articles 88 and 127 of the 1992 Constitution and applicable precedents, it is constitutionally permissible for the Attorney-General to represent a judicial officer (Registrar, High Court, Tema) i

Case Details

Suit Number:CIVIL APPEAL NO. J16/1/2015
Judges:ANSAH JSC (PRESIDING), DOTSE JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC, AKOTO-BAMFO (MRS) JSC, AKAMBA JSC
Counsel:CHARLES HABIAH WITH HIM ALEX OWIREDU DARKWAH FOR THE PLAINTIFF. EKOW DADSON FOR THE 1ST AND 2 ND DEFENDANTS; OSAFO BUABENG WITH HIM FRANCIS GARBA FOR THE 3RD 4TH & 5TH DEFENDANTS., ADWOA O. OBENG (SENIOR STATE ATTORNEY) FOR THE 6TH DEFENDANT

JUDGEMENT

DOTSE JSC

On the 5th day of December 2016 this court by a unanimous decision dismissed the referral action necessitated by the preliminary legal objection filed and argued by learned counsel for the 3rd to 5th Defendants against the legal representation of the 6th Defendants by the Attorney-General.

Following that dismissal, this court directed as follows:-

Accordingly the Judge before whom the suit was pending in the High Court, Tema, or any other Judge presiding over the Court in which the suit is pending is to continue the suit with the Attorney-General representing the 6th Defendant in terms of the orders and judgment of this Court. The full and reasoned judgment of this court are to be filed later.

We now proceed to give the reasons for our said decision.

INTRODUCTION

By an order of His Lordship Adjei-Frimpong J.,presiding over the High Court, Tema the following issues formulated by him were referred to the Supreme Court for interpretation:

Whether on a true and proper interpr…

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