Customer Support

THE REPUBLIC
V.
ELECTORAL COMMISSION EX PARTE: AFRICAN REFORM MOVEMENT

(2016) JELR 107116 (HC)

High Court 28 Oct 2016 Ghana
BriefBot icon

BriefBot Summary

Free

- The Electoral Commission (applicant) is seeking to dismiss the African Reform Movement's (respondent) application for Judicial Review. - The applicant argues that the respondent has no legal personality to access the court for any relief.

Case Details

Suit Number:GJ 1404/2016
Judges:GEORGINA MENSAH-DATSA
Counsel:Mr. Charles Kwesi Bentum for the Applicant/Respondent; Mr. Thaddeus Sory for the Respondent/Applicant.

RULING

MENSAH-DATSA, J.

This is an application by the Electoral Commission, the respondent/applicant, hereinafter applicant for an order dismissing the African Reform Movement, the applicant/respondent, hereinafter respondent’s application for Judicial Review. The application has been opposed by the respondent.

The three grounds for the applicant’s application to dismiss the respondent’s application for Judicial Review are as follows:

1. Purported applicant has no legal personality to access this Court for any relief.

2. Purported applicant’s application is incompetent for purposes of seeking the reliefs claimed in the instant proceedings.

3. Purported applicant’s affidavit in support of the application discloses that purported applicant has no cause of action against the respondent.

The brief facts of this matter are that the respondent was given a provisional certificate by the applicant. Some months later the applicant wrote to the respondent to inform it of its inability to regi…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.