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THE REPUBLIC VRS. FAST. TRACK 1, EXPARTE. NATIONAL LOTTERY AUTHORITY & ORS

(2009) JELR 92153 (SC)

Supreme Court 22 Jul 2009 Ghana
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- The case involves a challenge to the constitutionality of the National Lotto Act, 2006 by private lotto operators. - The trial court referred the issue of constitutionality to the Supreme Court, which upheld the constitutionality of the A

Case Details

Suit Number:CIVIL MOTION NO. J5/22/2009
Judges:ATUGUBA, JSC (PRESIDING) DATE-BAH (DR.), JSC ANSAH, JSC ANIN YEBOAH, JSC BAFFOE-BONNIE, JSC
Counsel:KIZITO BEYUO FOR THE APPLICANT AURELIUS AWUKU FOR THE INTERESTED PARTIES

RULING

ATUGUBA, JSC

The Facts:

On 13/8/2007 the interested parties, who are private lotto operators, issued a writ in the High Court against the applicant challenging the constitutionality of the National Lotto Act, 2006 (Act 722) on the grounds that it violates their fundamental economic rights under the 1992 Constitution and claiming consequential reliefs. The issues as to constitutionality of the Act were referred by the trial judge to this court for determination. This court on 23/7/2008 upheld the constitutionality of the said Act, see Ghana Lotto Operators Association and Others v. National Lottery Authority (2007-2008) SCGLR 1088. Pursuant to this decision the applicant successfully applied to the trial court to dismiss the interested parties’ said action.

Aggrieved, the interested parties appealed to the Court of Appeal and pending the determination of the same, were granted an interim injunction by the trial court, restraining the applicant from interfering with their “work or pr…

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