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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 68610 (SC)

Supreme Court  •  CIVIL APPEAL NO. J1/10/2012  •  19 Jul 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

JUDGMENT

DR DATE-BAH JSC

This Court on 16th January 2013 delivered a ruling in which it dismissed the preliminary objection of the defendants (bar one) to the jurisdiction of this Court in this suit. The material facts of this case as stated in that ruling remain apposite and are set out again below.

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 Secon…

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