Amidu Vrs Attorney General and Others [2016] GHASC 22 (16 November 2016)

Amidu Vrs Attorney General and Others [2016] GHASC 22 (16 November 2016)

Given the absence of any pending execution process and the liberal interpretation of Article 2 of the 1992 Constitution, the plaintiff/applicant, as the initiator of the action for the benefit of all citizens, is entitled to proceed with execution by examining the 3rd defendant/judgment debtor.

Citation
[2016] GHASC 22
Parties
Plaintiff/applicant: Martin Alamisi Amidu; 1st Defendant/respondent: Attorney General; 2nd Defendant: Waterville Holdings (BVI) Ltd; 3rd Defendant/respondent: Alfred Agbesi Woyome
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
16 November 2016
Procedural Posture
Civil Motion / Ruling on Application for Leave to Examine Judgment Debtor
Outcome
application granted
Legal Topics
Execution of Judgments, Locus Standi, Interpretation of Constitution, State Proceedings Act
Source Language
English
Constitutional Law Civil Procedure Execution of Judgments Locus Standi Interpretation of Constitution State Proceedings Act

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Parties

Martin Alamisi Amidu

Plaintiff/applicant

Attorney General

1st Defendant/respondent

Waterville Holdings (BVI) Ltd

2nd Defendant

Alfred Agbesi Woyome

3rd Defendant/respondent

Procedural Posture

Civil Motion / Ruling on Application for Leave to Examine Judgment Debtor

Legal Issues

  1. 1 Whether the plaintiff/applicant has locus standi to enforce the judgment by examining the 3rd defendant/judgment debtor under Article 2 of the 1992 Constitution and Order 46 of CI 47
  2. 2 Whether the discontinuance of execution by the Attorney General precludes the applicant from proceeding with execution
  3. 3 Whether the provisions of the State Proceedings Act, Act 555 of 1998, bar the applicant from enforcing the judgment

Ratio Decidendi

Given the absence of any pending execution process and the liberal interpretation of Article 2 of the 1992 Constitution, the plaintiff/applicant, as the initiator of the action for the benefit of all citizens, is entitled to proceed with execution by examining the 3rd defendant/judgment debtor.

Court Disposition

application granted

Orders

  • 3rd defendant/respondent, Alfred Agbesi Woyome, is ordered to appear before the court on 24th November 2016 at 10:00 a.m. to be examined orally on oath by the plaintiff/applicant.