MORWAN ABBAS MABJOUB OSMAN
V.
A.A MINERALS & 2 ORS

(2020) JELR 107669 (HC)    
High Court  ·  HR/079/2019 ·  2 Jul 2020 ·  Ghana
CORAM
JUSTICE GIFTY AGYEI ADDO
Core Terms Beta
applicant
3rd respondents
1st respondent
case
respondents
case of the applicant
emirates airlines
gold package
order of the court
1st defendant
constitution of the republic of ghana
fundamental human rights
high court
2nd december
2nd respondent operative
advance payment
african regent hotel
amgt gold trading limited
applicant claims
applicant’s application
cabest jewellery
case of fynn vrs
case of the 2nd
civil procedure
conducts of the respondents
continuous detention of the applicant
custody of the 1st respondent
date 28th november
distinct person
enjoyment of such rights
fact of purchase
first place of call
first trip
following reliefs
fundamental human rights of every individual
gold buyers
incorporation documents of a company
juristic persons
much deference
operatives of the 2nd respondents
political opinion
precious mineral marketing company
representatives of the 1st respondent
return ticket cost
second trip
security agencies
various admissions of the 1st respondent
varying views of the parties
wrongful seizure of the applicants gold package

JUDGMENT

BACKGROUND AND FACTS

Per his Amended Motion on Notice for the Enforcement of Fundamental Human Rights, pursuant to Article 33 of the Constitution of the Republic of Ghana, 1992 and Order 67 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) the Applicant prays for the following reliefs against the Respondents:

i. Declaration that the continuous detention of the Applicant’s gold package of 400.22 gram is unlawful, capricious, arbitrary and unwarranted by any law.

ii. An order to Respondents to compensate the Applicant as assessed by the court for his loss of income attributable to acts and conducts of the Respondents.

iii. An Order of the Court directed at the Respondents to release forthwith the gold package which was in the custody of the 1st Respondent pending export and seized by the 2nd Respondent operative without any legal grounds.

iv. Special Damages are as follows:

a) FIRST TRIP TO GHANA STARTING DATE 28TH NOVEMBER, 2018 TILL 20TH DECEMBER, 2018. Changing the return t…

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