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NYAME
V.
TARZAN TRANSPORT AND ANOTHER

(1973) JELR 69165 (CA)

Court of Appeal 30 Jul 1973 Ghana
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- The plaintiff company filed a writ in the Supreme Court against the defendant, seeking a declaration that certain sections of the Criminal Code were inconsistent with the Constitution. - The plaintiff company is a private liability compan

Case Details

Judges:AZU CRABBE C.J., APALOO JA,JIAGGE JA,SOWAH JA,KINGSLEY-NYINAH J.A.
Counsel:JOE REINDORF FOR THE PLAINTIFFS,N.M.C. DODOO CHIEF STATE ATTORNEY FOR THE DEFENDANT.
Other Citations:[1974] 1 GLR 88

AZU CRABBE C. J.: Azu Crabbe C.J. delivered the ruling of the court. On 11 September 1971, the plaintiff company filed a writ in the Supreme Court, established under the suspended 1969 Constitution of the Republic, against the defendant, and claimed the following reliefs:

“(1) a declaration by the court under article 1 (2) and 2 (1) of the Constitution, that sections 182A, 182B and 183 (1), (2), (5) and (6) of the Criminal Code, 1960 (Act 29) are inconsistent with and in contravention in particular of articles 3, 12, 20, 22, 23, 25 and 102 thereof. (2) such consequential orders and directions, under article 2 (2) of the Constitution, as the court may consider appropriate for giving effect to or enabling effect to be given to the declaration above sought.”

The plaintiff company brought this suit in their capacity as a private liability company incorporated and registered under the laws of Ghana to carry on the business of publishing newspapers; they are owners and publishers of the news…

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