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OPPONG
V.
ATTORNEY-GENERAL AND OTHERS

(2000) JELR 68232 (SC)

Supreme Court 23 Feb 2000 Ghana
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- The plaintiff attempted to invoke the Supreme Court's original jurisdiction but failed to comply with rule 45(1) of CI 16, which mandates initiating an action with a writ. - The plaintiff's initial affidavit and statement of the case were

Case Details

Judges:BAMFORD-ADDO JSC, AMPIAH JSC, ADJABENG JSC, ATUGUBA JSC, AKUFFO JSC
Counsel:WARD-BREW FOR THE PLAINTIFF; S Y ANIM FOR THE FIRST AND SECOND DEFENDANTS.,SAMUEL CODJOE FOR THE THIRD DEFENDANT.,AMBROSE DERY (WITH HIM TANKO AMADU) FOR THE FOURTH DEFENDANT
Other Citations:[1999-2000] 2 GLR 402

JUDGEMENT

Bamford-Addo JSC.

The plaintiff purported to invoke the original jurisdiction of the Supreme Court under articles 2(1) and 130 of the Constitution, 1992 as well as under rule 45 of the Supreme Court Rules, 1996 (CI 16) by filing an affidavit verifying the facts and particulars and also a statement of the plaintiff’s case on 14 September 1999 without a writ. However, on 30 September 1999, he filed a writ together with a supplementary affidavit in which he stated in paragraphs (2)–(4) thereof as follows:

“(2) That on 14 September 1999, I filed an affidavit verifying the facts and particulars, together with the statement of the plaintiff’s case but inadvertently did not attach the writ to it.

(3) That I am filing the appropriate writ attached hereto to be attached to the said affidavit verifying the facts and particulars together with the statement of the plaintiff’s case.

(4) That I pray that the writ will be attached to the said documents.”

At the hearing, the defendants raised a …

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