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JULIAN OSEI KWAME V. GODFRED BOAKYE & 7 ORS

(2024) JELR 112455 (CA)

Court of Appeal  •  CIVIL APPEAL NO: HI/131/2023  •  6 Jun 2024  •  Ghana

Coram
ERIC BAAH, JA ANGELINA MENSAH-HOMIAH, JA ALEX OWUSU-OFORI, JA

Appearances
KWAKU BOAKYE BOATENG FOR THE RESPONDENT/RESPONDENT

Judgement
<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong><u>BAAH, J.A.</u>: </strong>This is a case filed by the Appellant under article 33 of the 1992 Constitution and Oder 67 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), for the ventilation of his fundamental human rights, as enshrined in chapter 5 of the Constitution of the Republic of Ghana. The action was commenced by an originating motion on notice, filed at the High Court, Kumasi, on 25 June 2015, for the following declarations and other reliefs:</p><ol><li><p style="text-align: justify"><em>A declaration that Applicant’s legal and fundamental human rights to privacy, home, life, health, security, safety, personal liberty, correspondence among others were brutally violated by Respondents 1 and 2 when they unlawfully</em> broke into Applicant’s bedroom which was in lock-N-Key at an ungodly hour at 01:00am without warrant, court order, legal authorization and/or explicit consent of Applicant.</p></li><li><p style="text-align: justify"><em>A declaration that Respondents 1 and 2 also violated Applicant’s rights to life, personal liberty, security, safety, freedom from arbitrary ar…</em></p></li></ol>

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