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ATTORNEY-GENERAL’S DEPARTMENT V. SWEATER AND SOCKS FACTORY LIMITED

(2014) JELR 68653 (SC)

Supreme Court  •  CIVIL APPEAL NO. J1/12/2013  •  29 Jan 2014  •  Ghana

Coram
WOOD (MRS.) C.J. PRESIDING, ANSAH J.S.C, DOTSE J.S.C, ANIN YEBOAH J.S.C, GBADEGBE J.S.C, AKOTO-BAMFO (MRS.) J.S.C, AKAMBA J.S.C

Judgement

WOOD (MRS), C.J,

The articles 2(1) and 130 of the 1992 Constitution provide that:

2 (1) “A person who alleges that-

(a) an enactment or anything contained in or done, under the authority of that or any other enactment;

or

(b) any act or omission of any person;

is inconsistent with, or is in contravention of a provision of this Constitution, may bring an action in the Supreme Court for a declaration to that effect.

130 (1) Subject to the jurisdiction of the High Court in the enforcement of the Fundamental Human Rights and Freedoms as provided in article 33 of this Constitution, the Supreme Court shall have exclusive original jurisdiction in-

(a) all matters relating to the enforcement or interpretation of this

Constitution;”

This action, which is brought under the above constitutional provisions, has its genesis in the confiscation of the assets of the Defendant, Sweater and Socks Factory Limited (Sweater and Socks), to the State in 1979. The order of confiscation was exacted by the Armed For…

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