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GHANA DISABILITY FORUM & 6 ORS.
V.
FRANKLIN A. JANTUAH

(2016) JELR 107282 (HC)

High Court 31 Oct 2016 Ghana
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- The Plaintiffs filed a lawsuit seeking various declarations and remedies related to a statement made by the Defendant that they believed was discriminatory towards persons with disabilities. - The Defendant filed a motion to strike out th

Case Details

Suit Number:HR/0077/2016
Judges:GIFTY AGYEI ADDO
Counsel:FRANCIS XAVIER SOSU (ESQ) FOR THE PLAINTIFFS/RESPONDENTS. PERPETUAL DIKE ACHONU (LED BY JOEL ANNOR AFARI (MRS), WITH AKWELEY GABOR AND JEMIMA DOH) HOLDING NTSIFAFA NUTSUKPUI’S BRIEF FOR DEFENDANT/APPLICANT.

RULING

ADDO, J.

The Plaintiffs on 8th June, 2016 instituted an action in this Court for the following reliefs:

a) A Declaration that the statement breaches the nondiscrimination provisions in Article 5(2) of the UN Convention on the Rights of Persons with Disabilities.

b) A Declaration that the statement made by the Defendant is discriminatory, abusive or degrading of Persons With Disability in Ghana contrary to Article 29(2) of the 1992 Constitution of the Republic of Ghana on non-discrimination of grounds of social statutes.

c) A Declaration that the statement by the Defendant amounts to calling of a Disable Person with a derogatory name contrary to Section 37 of the Persons with Disability Act 2006 Act 715.

e) An order for the Defendant to retract the statement and render an unqualified apology to Mr. Ivor Greenstreet as well as the Disability Community in Ghana.

f) Legal fees and cost.

The Defendant entered appearance on 18th July, 2016, and followed it with a motion on n…

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