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SUMAILIA BIEBIEL V. ADAMU DARAMANI

(2010) JELR 68174 (CA)

Court of Appeal  •  SUIT NO. H1/84/2010  •  18 Mar 2010  •  Ghana

Coram
AKAMBA JA - (PRESIDING), MARFUL-SAU JA, HONYENUGA JA

Judgement

AKAMBA, J.A: I had the privilege of a preview of the reasoned judgments of my two able and respected brothers, Marful-Sau and Honyenuga, JJ.A. I agree with the reasoning and conclusions arrived at. Short of repeating the very same arguments let me state briefly that the sum total of the reliefs sought by the Plaintiff/Respondent point to the nature of the action which is an election petition and therefore ought to have been commenced by petition and not by writ. I agree that the writ is incompetent in the very circumstance of this suit and is set aside.

(SGD)

J. B. AKAMBA

(JUSTICE OF APPEAL)

MARFUL-SAU, JA: This appeal raises one fundamental issue, which is whether or not the claim of the Plaintiff/Respondent in suit No.AHR 35/90 at the High Court (Fast Track Division) is an election petition, or enforcement action? If it is an election petition then on the authority of Yeboah v. J.H.Mensah (1998-99) SCGLR 492, then the proper forum is the High Court. On the other hand should the responde…

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