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THE REPUBLIC V. THE HIGH COURT (FAST TRACK DIV.) ACCRA EX PARTE: ANANE AGYEI FORSON (APPLICANT) AND THE ATTORNEY – GENERAL

(2014) JELR 68724 (SC)

Supreme Court  •  CIVIL MOTION NO.J5/29/2014  •  5 Nov 2014  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING), BAFFOE BONNIE J.S.C., AKOTO BAMFO (MRS) J.S.C., BENIN J.S.C., AKAMBA J.S.C.

Judgement

RULING

BENIN, JSC

The application has been brought before this court seeking a prohibiting order against the High Court on ground that the said court has no jurisdiction in the matter brought before it by the Attorney-General, Interested Party herein, against a foreign firm called Isofoton SA, represented by a Ghanaian citizen called Anane Agyei Forson. The basis of the claim by the Attorney-General is that this court ordered Isofoton to refund some sums of money that the Government of Ghana had paid to the said Isofoton under a contract which the court had declared void. That judgment was obtained in an action brought against Isofoton and two others by a private Ghanaian citizen named Martin Amidu, a former Attorney-General of Ghana. In order to secure the benefit of that judgment the Attorney-General brought an action by way of a writ of summons at the High Court to recover the sums of money Isofoton was ordered to refund to the Ghana Government.

It is undisputed that the action before…

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