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THE REPUBLIC v. ELECTORAL COMMISSION EX PARTE: AFRICAN REFORM MOVEMENT

(2016) JELR 107116 (HC)

High Court  •  GJ 1404/2016  •  28 Oct 2016  •  Ghana

Coram
GEORGINA MENSAH-DATSA

Judgement

RULING

This is an application by the Electoral Commission, the respondent/applicant, hereinafter applicant for an order dismissing the African Reform Movement, the applicant/respondent, hereinafter respondent’s application for Judicial Review. The application has been opposed by the respondent.

The three grounds for the applicant’s application to dismiss the respondent’s application for Judicial Review are as follows:

1. Purported applicant has no legal personality to access this Court for any relief.

2. Purported applicant’s application is incompetent for purposes of seeking the reliefs claimed in the instant proceedings.

3. Purported applicant’s affidavit in support of the application discloses that purported applicant has no cause of action against the respondent.

The brief facts of this matter are that the respondent was given a provisional certificate by the applicant. Some months later the applicant wrote to the respondent to inform it of its inability to register the respond…

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