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GYIMAH AND OTHERS V. AGYEMAN AND ANOTHER

(1980) JELR 69533 (HC)

High Court  •  14 Apr 1980  •  Ghana

Coram
ROGER KORSAH J.

Judgement

ROGER KORSAH J.: By this originating summons, fourteen councillors of the Kumasi City Council, request a construction of the statutes relating to the office of an executive chairman of a local council, and in particular, the application of those statutes to determine the duration of the term of office of the first respondent as the Executive Chairman of the Kumasi City Council.

The applicants herein claim that upon a proper construction or application or both of the said enactments they are entitled to the following declarations:

(a) That the term of office of the first respondent is one year;

(b) That the term of office of the first respondent has expired;

(c) That the right resides in the councillors to appoint one of their number as the Chairman of the

Kumasi City Council; and

(d) That section 8A of the Local Government Act, 1971 (Act 359), contravenes article 182 (4) of the

Constitution, 1979.

Put in a nutshell, the events leading up to this application are that, the first respondent was …

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