JOSEPH BOTCHWAY AND ORS
V.
NDC AND ORS

(2016) JELR 107809 (HC)    
High Court  ·  SUIT NO: GJ 213/2015 ·  15 Jan 2016 ·  Ghana
CORAM
PATIENCE MILLS-TETTEH (MRS)
Core Terms Beta
2nd defendant
constitution
plaintiffs
parliamentary primaries
registered voter
1st defendant
klottey korley constituency
present action
2nd defendant applicant
2nd defendant’s election
appeal procedure
constitution of the 1st defendant
deputy general secretary
evidence act states
failure of the respondent
greater accra regional chairman
honourable court
limited registrations process
members of the parties
national congress
national electoral laws
national executive committee
n.d.c constitution
order of court
order of injunction
party member
plaintiff respondent
plaintiff’s writ
public policy
respondents’ lack
right thing
second defendant applicant
second defendant ought
second defendant’s name
statement of claim
various levels

RULING 

The plaintiffs instituted this action on the 11/12/15 with the following reliefs

a. A declaration that the decision by the 1st defendant to allow the 2nd defendant to contest parliamentary primaries in the Klottey Korley  constituency when she was not a registered voter within the meaning of  Article 94 (1)(a) of the 1992 constitution at the said contest violates the  constitution and the internal regulations governing the conduct of  parliamentary primaries of the 1st defendant and same is illegal and of no  effect 

1b. A declaration that the 2nd defendant’s election as a parliamentary  candidate elect for the Klottey Korley constituency is null and void and is of  no effect as same violates the constitution of the 1st defendant and the  rules governing the 2016 parliamentary primaries  

c. An order of injunction restraining the 2nd defendant , agents , privies,  assigns or any one claiming through her from holding herself out or  allowing herself to be held out by the other def…

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