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MR. SAMUEL OKUDZETO ABLAKWA AND DR. EDWARD KOFI OMANE BOAMAH V. THE ATTORNEY-GENERAL AND HON. JAKE OTANKA OBETSEBI-LAMPTEY

(2011) JELR 68539 (SC)

Supreme Court  •  WRIT NO. J1/4/2010  •  10 Nov 2011  •  Ghana

Coram
ATUGUBA JSC (PRESIDING), AKUFFO (MS.) JSC, BROBBEY JSC, ADINYIRA (MRS) JSC, OWUSU (MS) JSC, DOTSE JSC, BAFFOE-BONNIE JSC, ARYEETEY JSC, AKOTO-BAMFO(MRS.)JSC

Judgement

RULING

ATUGUBA, J.S.C

By their amended writ dated 30/7/2010 the plaintiffs claim before this court as follows:

“1. A declaration that, by virtue of Articles 20(5) and (6), 23, 257, 258, 265, 284 and 296 of the Constitution of the Republic of Ghana, 1992, the Minister for Water Resources, Works and Housing in the previous Government of His Excellency, President J.A. Kufuor, did not have the power to direct the sale, disposal or transfer of any Government or public land to the 2nd Defendant or any other person or body under any circumstances whatsoever, and that any such direction for the disposal, sale or outright transfer of the said property in dispute or any public land to the 2nd Defendant was unconstitutional and illegal.

2. A declaration, by virtue of Articles 20(5), 23, 257, 258, 265, 284 and 296 of the Constitution of the Republic of Ghana, 1992, the Government of Ghana is obliged to retain and continue to use in the public interest the property compulsorily acquired for public pur…

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