NYAME AND ANOTHER
V.
MENSAH AND ANOTHER

(1979) JELR 63580 (HC)    
High Court  ·  4 Jun 1979 ·  Ghana
 · 
Other Citations
[1978] GLR 338
CORAM
HAYFRON J.
Core Terms Beta
nomination papers
sunyani constituency
plaintiffs
elections
first defendant
forthcoming parliamentary elections
electoral commissioner
public offices
joseph henry mensah
popular front party candidate
committees of inquiry
court of appeal
member of the national assembly
mr. antwi nimoh
mr. tedam
political parties
public offices disqualification
second plaintiff
civil procedure
consent of the second plaintiff
deputy minister
determination of the following questions
edition of the pocket oxford dictionary
filing of the first defendant
first defendant’s name
first government of the second republic
first plaintiff
further view
hayfron j.
high court
honourable court
inter alia
legal constitutional effect
mr. f. o. anto bonsu
mr. nimoh
mr. oppong
nomination papers of a disqualified person
parliamentary elections
people’s national party candidate
public offices disqualification decree
regional chief executive
regional commissioner
review tribunal
subsequent victory of mr. tedam
such filing of his nomination papers
support of the originating summons
supreme court
taylor assets committee
time mr. joseph henry mensah
true construction of the elections

HAYFRON J.: On 27 April 1979, the plaintiffs issued a joint originating summons asking for the determination of the following questions:

“(1) Whether, upon the true construction of the Elections and Public Offices Disqualification Decree, 1978 (S.M.C.D. 206) and the Elections and Public Offices Disqualification (Disqualified Persons) Decree, 1978 (S.M.C.D. 216), Joseph Henry Mensah is qualified to file nomination papers as Popular Front Party candidate for Sunyani Constituency for the forthcoming parliamentary elections.

(2) Whether or not such filing of his nomination papers as Popular Front Party candidate for Sunyani Constituency for the forthcoming parliamentary elections is also (a) valid or (b) void.”

They also asked for other reliefs.

In support of the originating summons the first plaintiff acting for herself and the second plaintiff filed an affidavit stating, inter alia:

“(2) That I have the power and consent of the second plaintiff to swear to this affidavit.

(3) That I am the …

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