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OPPONG V. ATTORNEY-GENERAL AND OTHERS

(2000) JELR 68232 (SC)

Supreme Court  •  23 Feb 2000  •  Ghana

Coram
BAMFORD-ADDO JSC, AMPIAH JSC, ADJABENG JSC, ATUGUBA JSC, AKUFFO JSC

Judgement

JUDGEMENT

Bamford-Addo JSC.

The plaintiff purported to invoke the original jurisdiction of the Supreme Court under articles 2(1) and 130 of the Constitution, 1992 as well as under rule 45 of the Supreme Court Rules, 1996 (CI 16) by filing an affidavit verifying the facts and particulars and also a statement of the plaintiff’s case on 14 September 1999 without a writ. However, on 30 September 1999, he filed a writ together with a supplementary affidavit in which he stated in paragraphs (2)–(4) thereof as follows:

“(2) That on 14 September 1999, I filed an affidavit verifying the facts and particulars, together with the statement of the plaintiff’s case but inadvertently did not attach the writ to it.

(3) That I am filing the appropriate writ attached hereto to be attached to the said affidavit verifying the facts and particulars together with the statement of the plaintiff’s case.

(4) That I pray that the writ will be attached to the said documents.”

At the hearing, the defendants raised a …

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