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FELIX KLOMEGA V. THE ATTORNEY-GENERAL, GHANA PORTS AND HARBOURS AUTHORITY, MERIDIAN PORT HOLDINGS LIMITED AND MERIDIAN PORT SERVICES LIMITED

(2013) JELR 68609 (SC)

Supreme Court  •  CIVIL APPEAL NO. J1/10/2012  •  16 Jan 2013  •  Ghana

Coram
ATUGUBA J.S.C (PRESIDING), DR. DATE-BAH J.S.C, ANSAH J.S.C, ADINYIRA (MRS) J.S.C., OWUSU (MS.) J.S.C, DOTSE J.S.C, ANIN-YEBOAH J.S.C., BAFFOE-BONNIE J.S.C, GBADEGBE J.S.C

Judgement

DR DATE-BAH JSC:

The plaintiff issued a Writ on 23rd August 2011, invoking the original jurisdiction of this Court and claiming the following reliefs:

1. “A declaration that on a true and proper interpretation of article 181 of the Constitution the expression “government” in article 181 includes a state entity that possesses the characteristics of Second Defendant;

2. A declaration that on a true and proper interpretation of article 181 of the Constitution, the requirements in article 181 equally apply to a state entity such as Second Defendant, that enters into an international economic transaction;

3. A declaration that the Shareholder Agreement dated the 17th day of August 2004 and entered into between Second Defendant, and Third and Fourth Defendants, is an international business or economic transaction, and that the failure and or neglect to submit it to Parliament for approval renders it null, void and unenforceable pursuant to 181 of the 1992 Constitution;

4. A declaration that the …

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