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REPUBLIC V. HIGH COURT, ACCRA; EX PARTE ATTORNEY-GENERAL (DELTA FOODS LTD., INTERESTED PARTY)

(1999) JELR 68163 (SC)

Supreme Court  •  3 Mar 1999  •  Ghana

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

Judgement

JOYCE BAMFORD-ADDO JSC.

I have been privileged to read in advance the able ruling of my brother Acquah JSC wherein he has fully set out the facts and correctly considered the arguments and submission by both parties to this suit. I entirely agree with his reasoning and conclusions so there is really no need for me to repeat them as well. The main issue here is that instead of putting down the Attorney-General as the defendant in the suit in the High Court, the Minister for Food and Agriculture was mistakenly set down. This mistake was not raised at the High Court, which court could have corrected the said error under Order 5, r 6(1) and (2) of the High Court (Civil Procedure) Amendment (No 2) Rules, 1977 (LI 1129).

The Solicitor-General who is an officer of the Attorney-General, however. appeared for the Attorney-General and defended the action throughout. He took part in the whole proceeding, including submitting to judgment for specific performance as claimed in the writ. The then preā€¦

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