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BILSON V. APALOO

(1980) JELR 67972 (SC)

Supreme Court  •  6 Apr 1980  •  Ghana

Coram
SOWAH JSC,ANIN JSC,CHARLES CRABBE JSC,ADADE JSC,TAYLOR J.S.C.

Judgement

ANIN J.S.C.: In this suit, the plaintiff claims a declaration to quash the judgment of the Court of Appeal sitting as the Supreme Court in the case of Tuffour v. Attorney-General [1980] G.L.R. 637, S.C. delivered on 23 October 1980, on the ground, inter alia, that the five learned judges, i.e. Sowah and Charles Crabbe JJ.S.C., Lassey and Francois JJ.A. and Agyepong J. who constituted the court “did not constitutionally hold valid nominations to sit in the said suit;” since, it is alleged, the Hon. Mr. Justice Fred Kwasi Apaloo (the defendant herein), who empanelled the court, acted in contravention of articles 114 (5), 121 (2) and section 3 (1) of the transitional provisions of the Constitution, 1979, of Ghana. The plaintiff further contends in his statement of case, inter alia, that “it was judicially improper for the five judges to accept invalid nominations from the defendant herein to sit on the said case.”

The defendant, in his statement of case denies emphatically the allegations…

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