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
Appearances
Mr. Charles Kwesi Bentum for the Applicant/Respondent;
Mr. Thaddeus Sory for the Respondent/Applicant.
Judgement
<p> </p><p> </p><h2 class="ql-align-center">RULING </h2><p><strong>MENSAH-DATSA, J.</strong></p><p>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. </p><p>The three grounds for the applicant’s application to dismiss the respondent’s application for Judicial Review are as follows: </p><p>1. Purported applicant has no legal personality to access this Court for any relief. </p><p>2. Purported applicant’s application is incompetent for purposes of seeking the reliefs claimed in the instant proceedings. </p><p>3. Purported applicant’s affidavit in support of the application discloses that purported applicant has no cause of action against the respondent. </p><p>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 regi…</p>