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CAPTAIN ROBERT MBA TINDANA VRS CAPTAIN ROBERT MBA TINDANA & ORS

(2011) JELR 106902 (SC)

Supreme Court  •  CIVIL MOTION SUIT NO. J7/4/2011  •  27 Jul 2011  •  Ghana

Coram
BROBBEY (PRESIDING), JSC ANSAH, JSC ADINYIRA (MRS.) ,JSC OWUSU (MS),JSC YEBOAH, JSC BONNIE, JSC GBADEGBE, JSC

Judgement

R U L I N G

ANIN-YEBOAH JSC:


The applicant herein Captain Robert Mba Tindana was a Military Officer commissioned into the Ghana Armed Forces in 1979.


Whilst on peace-keeping operations, he was alleged to have done “an act to the prejudice of good order and discipline” contrary to section 54 of the Armed Forces Act 1962, Act 105.  The facts leading to his discharge from the Armed Forces do not appear to be very necessary for the determination of this application.   Some time after his discharge,  the applicant instituted proceedings at the High Court (Fast Track Division) seeking several reliefs flowing from what he alleged as breaches of the Armed Forces Act, 1962 Act 105 and violations of his fundamental human rights.

The High Court, on 19/06/2007, dismissed the applicant’s action on the basis that the action was caught by the Limitation Act, NRCD 54 and the Transitional Provisions of the 1992 Constitution.

Naturally aggrieved by the decision, the applicant lodged an appeal at the Court …

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