Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



SHALABI AND ANOTHER
V.
THE ATTORNEY-GENERAL

(1972) JELR 69652 (HC)    
High Court  ·  26 Nov 1972 ·  Ghana
 · 
Other Citations
[1972] 1 GLR 259
CORAM
HAYFRON-BENJAMIN J.

Ratio Decidendi

Core Terms Beta
national liberation council
power
citizen of ghana
behalf of the attorney-general
ghanaian citizens
6th day of march
ghanaian citizenship
new constitution
ghana nationality decree
parliamentary sovereignty
people of ghana
british citizens
british protected person
high court
interim government
old regime
oxford men
provisions of this constitution
time of his birth
absolute despotic power
absolute ruler
african countries
amendment of n.l.c.d.
behalf of the defendant
british nationality
british subjects
constitution of the second republic of ghana
constitution of these kingdoms
constitution of the united states of america
coup leaders
court of law
detailed judgment of edward wiredu j.
effect of n.l.c.d.
foregoing facts
ghanaian passports
greater powers
jurisdiction of parliament
legal position
meaning of the law
monstrous doctrine of legislative omnipotence
national liberation council government
only serious defence
political platform
position of the lord chancellor
principal state attorney
private partnerships act
rights of the people of ghana
view of the provisions of ghana nationality
whole case

HAYFRON-BENJAMIN J.: The plaintiffs are partners in the firm of Messrs. Shalabi Transport Service, Accra, registered under the Incorporated Private Partnerships Act, 1962 (Act 152), registered No. P. 208. The first plaintiff was born in the then Gold Coast on 30 September 1933 and the second plaintiff on 13 September 1935. Their parents were Lebanese. By reason of their birth in the Gold Coast, the plaintiffs were British subjects. The foregoing facts are admitted by the defence.

The plaintiffs go on and aver in their statements of claim that they were holders of British passports and gave the numbers of their passports. They held their passports until the Ghana Nationality Decree, 1967 (N.L.C.D. 191), was made, when they renounced their British nationality and applied for and obtained Ghanaian passports on 30 September 1968 and 24 October 1968 respectively. With the passage of the Ghanaian Business (Promotion) Act, 1970 (Act 334), which seeks to restrict the activities of aliens in ce…

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