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MUSTAPHA
V.
UNIVERSITY OF GHANA

(2015) JELR 109723 (SC)

Supreme Court 15 Jul 2015 Ghana
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- The plaintiff, a student of the University of Ghana, filed a lawsuit claiming that road user charges imposed by the university are unconstitutional. - The court determined that the issues raised in the lawsuit are not constitutional in na

Case Details

Suit Number:J1/10/2014
Judges:ANSAH JSC (PRESIDING) ANIN YEBOAH JSC BAFFOE BONNIE JSC GBADEGBE JSC AKOTO BAMFO (MRS) JSC BENIN JSC AKAMBA JSC
Counsel:EGBERT FAIBILLE JNR. ESQ. FOR THE PLAINTIFF. DR. BAAZIT AZIZ ABDUL BAMBA ESQ (WITH HIM GORDON TAMAKLO FOR THE 1ST DEFENDANT. SYLVESTER WILLIAMS (CHIEF STATE ATTORNEY) FOR THE 2ND DEFENDANT

GBADEGBE JSC: 

The action herein concerns the announcement by the first defendant of  road user charges on some of the roads leading into and outside its campus effective 01 February 2014. The plaintiff, a student of the  University of Ghana (1st defendant herein), caused the instant action to  issue claiming among others a declaration that the said charges amount  to the imposition and or levying of taxation contrary to the provisions of  article 174(1) of the 1992 Constitution and therefore unconstitutional for  which reason we are invited in the exercise of our exclusive jurisdiction  to declare same as null and void. The parties to the action herein have  in compliance with the rules of practice and procedure of this court filed  their respective statements of caseas well as the memorandum of issues  for our consideration. At the last adjourned hearing, in view of the  point raised by the first defendant regarding the propriety of the  invocation of our original jurisdiction, we t…

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