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MEMUNATU TANKO
V.
NATIONAL HEALTH INSURANCE AUTHORITY

(2020) JELR 108409 (HC)

High Court 7 Feb 2020 Ghana
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- The case revolves around the transfer of the Applicant from the National Health Insurance Authority (N.H.I.A) by the Chief Executive without recourse to the Public Services Commission. The Applicant argues that this transfer was ultra vir

Case Details

Suit Number:SUIT NO. HR/0017/2018
Judges:H/L NICHOLAS M.C. ABODAKPI
Counsel:1. GODWIN TAMEKLO WITH SETH NYAABA FOR THE APPLICANT – PRESENT. 2. WILLIAM KAFUI ASSEM HOLDING BRIEF FOR CHARLES ZWENNES FOR THE RESPONDENTS

JUDGMENT

ABODAKPI, J.

1. BACK GROUND  

The originating application in this action was filed on 01-03-2018.  Subsequently, on 15-05-2019, the relevant written legal submission, entitled  ‘Statement of Case’ was filed. 

Respondent field affidavit in answer on 25-03-2019. When matters related to  preliminary objection were dealt with, counsel for Respondent filed a written  submission. The relevant process is the one filed on 14-06-2019. Order 67 Rules 5 of the High Court, Civil procedure Rule, 2004, C.I. 47/04,  provides that the action be set d own for hearing. 

Even though that process, if it had been filed should contain the triable  issues, the motion and legal written submissions filed contained the issues  for determination, in this trial. 

2. TRIABLE ISSUES AND RELIEFS  

i. Whether or not the purported transfer of Applicant from National  Health Insurance Authority [N.H.I.A] by the Chief Executive without  recourse to the Public Services commission is ultra vires. 

ii. Whether or not th…

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