GYIMAH AND OTHERS
V.
AGYEMAN AND ANOTHER

(1980) JELR 69533 (HC)    
High Court  ·  14 Apr 1980 ·  Ghana
 · 
Other Citations
[1980] GLR 427
CORAM
ROGER KORSAH J.
Core Terms Beta
constitution
article
executive chairman
first respondent
supreme court
supreme military council
instrument of appointment
local government
executive chairman of the kumasi city council
high court
term of office of the first respondent
conditions of service
district councils
duration of the term of office
provisions of section
provisions of the constitution
section 8a of the local government act
appointment of executive chairman
capacity of the applicants
chairman of the supreme military council
claim of the applicants
construction of the statutes
councillors of the kumasi city council
court of appeal
date of the instrument of appointment
determination of a question of construction
exclusive jurisdiction
executive chairman of the said city council
hold office
indicative of the thinking of the appointing authority
interpretation act
interpretation of the section
legal position
local administration act
lower court
mr. adomako’s submission
mr. hayfron-benjamin
offer of appointment
office of an executive chairman of a local council
public office
public services
said enactments
said office
specified period
subject-matter of the instrument of appointment
such person
understanding of the appointing authority
virtue of section
virtue of the provisions of the local government act

ROGER KORSAH J.: By this originating summons, fourteen councillors of the Kumasi City Council, request a construction of the statutes relating to the office of an executive chairman of a local council, and in particular, the application of those statutes to determine the duration of the term of office of the first respondent as the Executive Chairman of the Kumasi City Council.

The applicants herein claim that upon a proper construction or application or both of the said enactments they are entitled to the following declarations:

(a) That the term of office of the first respondent is one year;

(b) That the term of office of the first respondent has expired;

(c) That the right resides in the councillors to appoint one of their number as the Chairman of the

Kumasi City Council; and

(d) That section 8A of the Local Government Act, 1971 (Act 359), contravenes article 182 (4) of the

Constitution, 1979.

Put in a nutshell, the events leading up to this application are that, the first respondent was …

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