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SAM V. ATTORNEY-GENERAL (NO 2)

(2000) JELR 68211 (SC)

Supreme Court  •  10 May 2000  •  Ghana

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

Judgement

JUDGEMENT

BAMFORD-ADDO JSC.

The plaintiff issued a writ to invoke the original jurisdiction of this court, seeking the interpretation of the Constitution, 1992 and a declaration that:

“Section 15 or the Divestiture of State Interests (Implementation) Law, 1992 (PNDCL 326), is inconsistent with or in contravention of the provisions of articles 140(1) and 293(2) and (3) of the Constitution, 1992, and to that extent, it is null and void”

Preliminary objection

The Attorney-General, the defendant, raised a preliminary objection to this action on the ground that the plaintiff has no standing to bring the suit since he has no personal interest in the outcome of the case. He asked that the plaintiff’s writ be struck out and dismissed for lack of standing. The defendants’ grounds for the preliminary objection were that:

“(a) A controversy or dispute concerning the interpretation of an enactment must have arisen before the said declaration can be sought; and
(b) that according to article 2(1) of the …

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