Republic Vrs Head Ghana Immigration Service [2023] GHAHC 329 (19 July 2023)

Republic Vrs Head Ghana Immigration Service [2023] GHAHC 329 (19 July 2023)

The application was struck out because the applicant failed to state in her affidavit the specific date she became aware of the travel restriction, making it impossible for the court to determine if the application was filed within the statutory time limits. The court's jurisdiction was not properly invoked.

Citation
[2023] GHAHC 329
Parties
Applicant: Emerald Abena Amponsah; 1st Respondent: Head Ghana Immigration Service; 2nd Respondent: Hon. Attorney General
Court
High Court
Jurisdiction
Ghana
Judgment Date
19 July 2023
Procedural Posture
Application for Enforcement of Fundamental Human Rights / Ruling on Preliminary Objection
Outcome
Application struck out on preliminary objection
Legal Topics
Enforcement of Fundamental Rights, Time Limitation for Applications, Travel Restrictions, Jurisdictional Objections
Source Language
English
Constitutional Law Human Rights Law Administrative Law Enforcement of Fundamental Rights Time Limitation for Applications Travel Restrictions Jurisdictional Objections

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Parties

Emerald Abena Amponsah

Applicant

Head Ghana Immigration Service

1st Respondent

Hon. Attorney General

2nd Respondent

Procedural Posture

Application for Enforcement of Fundamental Human Rights / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for enforcement of fundamental rights was filed within the statutory time limits under Order 67 Rule 3(1) of C.I. 47
  2. 2 Whether the applicant sufficiently demonstrated when she became aware of the alleged contravention

Ratio Decidendi

The application was struck out because the applicant failed to state in her affidavit the specific date she became aware of the travel restriction, making it impossible for the court to determine if the application was filed within the statutory time limits. The court's jurisdiction was not properly invoked.

Court Disposition

Application struck out on preliminary objection

Orders

  • Application on notice for an order to compel the 1st Respondent to ease travel restriction is struck out
  • No order as to costs