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KWAKYE
V.
ATTORNEY-GENERAL

(1981) JELR 80450 (SC)

Supreme Court 22 Mar 1981 Ghana
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- The Supreme Court held that the State Proceedings (Amendment) Decree, 1969 (N.L.C.D. 352), requiring one month's notice before suing the Republic, is void and inapplicable where a plaintiff invokes the original jurisdiction of the Supreme

Case Details

Judges:APALOO C.J., SOWAH, ARCHER, ANIN, CHARLES CRABBE, ADADE AND TAYLOR JJ.S.C.
Counsel:B. E. Kwaw-Swanzy (Thompson with him) for the plaintiff. Hon. E.L. Djabatey Deputy Attorney-General (Mrs. Orleans, Mrs. Adusa Amankwa and Mrs. Campbell with him) for the defendant.
Other Citations:[1981] GLR 9-15

APALOO C.J. (Delivered the ruling of the court)

On 5 December 1979, the plaintiff issued out of this court, a writ in which he seeks to invoke this court's original jurisdiction. The relief indorsed in the writ was:

“A declaration that the plaintiff was never tried, convicted or sentenced by any special court established under the Armed Forces Revolutionary Council (Special Courts) Decree, 1979 (A.F.R.C.D. 3), and the purported sentence of 25 years' imprisonment imposed upon the plaintiff as published in the national press on 13 October 1979, is an infringement of the plaintiff's fundamental human rights, inconsistent with chapter 6 of the Constitution of the Republic of Ghana, 1979, void and of no effect.”

In accordance with rule 46 of the Supreme Court Rules, 1970 (C.I. 13), he filed a statement of his case. It is not necessary in this ruling to reproduce that statement in full. But the paragraph that appears material and on which a great deal of the argument addressed to us turned, …

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