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SUMAILA BIELBIEL V. ADAMU DARAMANI AND THE ATTORNEY GENERAL

(2011) JELR 68532 (SC)

Supreme Court  •  REVIEW MOTION NO. J1/2/2010  •  26 Oct 2011  •  Ghana

Coram
AKUFFO (MS) (PRESIDING) J.S.C, BROBBEY J.S.C, ANSAH J.S.C., ADINYIRA (MRS) J.S.C, OWUSU (MS) J.S.C, DOTSE J.S.C, YEBOAH J.S.C, BONNIE J.S.C, ARYEETEY J.S.C, GBADEGBE J.S.C, AKOTO-BAMFO (MRS.) J.S.C

Judgement

RULING

S. A. B. AKUFFO (MS) J.S.C

Brief Background

By a Writ of Summons issued in the High Court, Accra, on 9th February 2009, Mr Sumaila Bielbiel, the Respondent herein (who is hereinafter referred to as ‘the Respondent’) commenced an action against Mr. Adamu Dramani (who is hereinafter referred to as ‘the Applicant’) and the Attorney General, for (inter alia) the following reliefs:-

“1. A declaration that defendant is a holder of a British passport and therefore owes allegiance to a country other than Ghana and is therefore disqualified from holding the office of Member of Parliament of the Republic of Ghana.
2. An injunction against the Defendant restraining him from holding himself out as a Member of Parliament and compelling him to vacate his seat in Parliament.” ... etc

The Applicant entered conditional appearance and applied to the High Court for an order setting aside the writ on the ground that the said court lacked the jurisdiction to entertain the matter, since the cause of actio…

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