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CRYSTALLINE TRADING & LOGISTICS LTD v. NATIONAL SECURITY AND THE ATTORNEY-GENERAL

(2022) JELR 109930 (HC)

High Court  •  E12/57/21  •  14 Apr 2022  •  Ghana

Coram
HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE

Judgement

JUDGMENT

OSEI-HWERE, J.

This is an Originating Motion on Notice dated 5 July, 2021 for the enforcement of fundamental human rights. The grounds upon which the reliefs are sought are as follows:

a.  Adjudge and declare that the sale on 23rd April, 2021 by the 1st Respondent/State of the 345 metric tons of gasoil (the cargo) belonging to the Applicant was unlawful.

b. Adjudge and declare that by the unlawful sale of the cargo by the 1st Respondent/State, the Applicant’s right to own property has been violated by the Respondents.

c. Adjudge and declare that by the unlawful sale of the cargo by the 1st Respondent/State, the Applicant’s rights to protection from deprivation of property have been violated by the Respondents.

d. Make an order:

i. For the immediate payment of the sum of USD586,434.00 being adequate compensation by the State to the Applicant for the loss suffered by the Applicant;

ii. For payment of general damages for breach of the Applicants’ rights to own property and to protecti…

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