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KWASI AFRIFA V. GRA & ORS

(2022) JELR 110069 (SC)

Supreme Court  •  J6/02/2022  •  30 Nov 2022  •  Ghana

Coram
DOTSE JSC (PRESIDING) PWAMANG JSC PROF. KOTEY JSC LOVELACE-JOHNSON (MS.) JSC TORKORNOO (MRS.) JSC PROF. MENSA-BONSU (MRS.) JSC KULENDI JSC

Judgement

TORKORNOO (MRS.) JSC:-

THE PLAINTIFF’S CASE

The plaintiff commenced the action by Writ accompanied by a Statement of his case. He presented no background documentation verified by affidavit. In paragraph 4 of the Statement of case filed with the Writ, the plaintiff set out the capacity in which he brought the action and stated that the action was commenced to ostensibly seek an alignment of the ‘far-reaching powers’ given to the Ghana Revenue Authority in its administration of tax levied on citizens with, the directions of the 1992 Constitution.

It reads:

4. The Plaintiff brings this action as a citizen of Ghana to challenge the awesome and far-reaching powers which practically gives judicial power to the 1st defendant in the Revenue Administration Act, 2016 (Act 915) and in some instances enables it to have powers over and above that of the courts in a manner clearly subversive of and inconsistent with the 1992 Constitution of Ghana.

He continued with the general premise of these contenti…

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