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MARTIN ALAMISI AMIDU V. THE ATTORNEY GENERAL, ISOFOTON S. A AND ANANE- AGYEI FORSON

(2014) JELR 68632 (SC)

Supreme Court  •  CIVIL APPEAL NO.J7/11/2013  •  4 Dec 2014  •  Ghana

Coram
WOOD (MRS) CJ (PRESIDING), ATUGUBA JSC, ANSAH JSC, ADINYIRA (MRS) JSC, DOTSE JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC, AKOTO-BAMFO (MRS) JSC, BENIN JSC, AKAMBA JSC

Judgement

RULING

MAJORITY OPINIONS

AKOTO-BAMFO (MRS), JSC:

On the 21st of June 2013; the Ordinary Bench in a unanimous decision, entered judgment for the plaintiff/applicant hereinafter referred to as the applicant against the defendant/respondents here after simply referred to as respondents in these terms:

“In the result, the plaintiff succeeds in his action in part. The reliefs that this court should grant him are the following:

A declaration that:

a. On a true and proper interpretation of Article 181(3) and section 7 of the Loans Act , (ACT 335) the laying before and approval on 1st August 2005 of the terms and conditions of the Second Financial Protocol between the Republic of Ghana and the Kingdom of Spain for an amount of sixty-five million euro (£65,000,000) for the implementation of various development projects and programmes in Ghana did not negate the effect of Article 181 (5) of the 1992 Constitution that requires the further laying before and approval of any specific international busine…

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