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SAMUEL ATTA-MENSAH AND PROFESSOR STEPHEN KWAKU ASARE V. THE ATTORNEY-GENERAL AND ANOTHER

(2015) JELR 68930 (SC)

Supreme Court  •  CIVIL APPEAL NO. J1/4/2015 & J1/20/2015  •  3 Dec 2015  •  Ghana

Coram
AKUFFO (MS) CJ PRESIDING, ANSAH JSC, ADINYIRA (MRS) JSC, DOTSE JSC, YEBOAH JSC, GBADEGBE JSC, AKOTO BAMFO (MRS) JSC, BENIN JSC, AKAMBA JSC

Judgement

JUDGEMENT

GBADEGBE JSC

The questions for our decision in the consolidated actions herein by which our interpretive and enforcement jurisdiction is sought arises out of the refusal by the Speaker of Parliament (hereinafter conveniently referred to as the Speaker), to subscribe to the oath of the President when both the President and the Vice-President were out of the country on November 5, 2014 and November 7, 2014 respectively. Subsequently, the plaintiffs in the consolidated actions, at different times caused the writs herein numbered as J1/4/2015 and J1/20/2015 to issue seeking reliefs, which concern the said refusal. At the hearing of the respective actions, in view of the fact that they raised common questions for our decision and arise from the same transaction, we made an order consolidating them for trial. In making the order of consolidation, we were guided by Order 31 rule 2 of the High Court (Civil Procedure Rules) of 2004, (CI 47) by which it is provided:

“Where two or more ca…

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