Ratio DecidendiRatio DecidendiRatio Decidendi



MARTIN ALAMISI AMIDU
V.
THE ATTORNEY GENERAL, WATERVILLE HOLDINGS (BVI) LTD AND ALFRED AGBESI WOYOME

(2016) JELR 65318 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J8/9/2017 ·  16 Nov 2016 ·  Ghana
CORAM
ANIN YEBOAH J.S.C. SITTING AS A SINGLE JUSTICE OF THE SUPREME COURT

Ratio Decidendi

Core Terms Beta
plaintiff
applicant
court
constitution
application
article
respondent
first defendant
attorney-general
defendants
order of this court
government of ghana
high court civil procedure rules
legal objections
living organism
original jurisdiction
due process
enforcement of constitutional provisions
fierce resistance
following declarations
following terms
foreign international agreement
high court
honourable attorney-general
learned judge
magnitude of the judgment debt
opposite party
orders of the high court
parts of the judgment
propriety of some paragraphs
propriety of the depositions
public funds
republic of ghana of claims
review application
review of the judgment of the ordinary bench
said agreements
said proceedings
state proceedings act
support of the application
support of the second defendant
unanimous decision

JUDGEMENT

ANIN YEBOAH JSC

The plaintiff/Applicant herein has moved this court on notice for leave to examine the 3rd Defendant/Respondent herein pursuant to the order of this court dated the 19th October 2016.

To fully appreciate the basis for this ruling I have to fully set out the facts leading to this application which warranted this action against the three defendants for several reliefs which are not necessary to be repeated in this ruling for sake of brevity. The action was brought under Article 2 of the 1992 Constitution which obviously invoked our original jurisdiction for the interpretation and enforcement of constitutional provisions, precisely Article 181 thereof.

On or about 14/06/2013, this court unanimously granted several reliefs sought on the writ. The plaintiff/Applicant herein was dissatisfied with parts of the judgment and therefore applied for review of the judgment of the ordinary bench above referred to. This court on 29/07/2014 reviewed its decision of the ordinary …

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