Klomega Vrs Attorney General and Others [2013] GHASC 134 (16 January 2013)

Klomega Vrs Attorney General and Others [2013] GHASC 134 (16 January 2013)

A genuine issue of constitutional interpretation arises as to whether 'government' under Article 181 includes statutory corporations; the Supreme Court has jurisdiction to determine this issue; the preliminary objection is dismissed.

Citation
[2013] GHASC 134
Parties
Plaintiff: Felix Klomega; 1st Defendant: Attorney-General; 2nd Defendant: Ghana Ports and Harbours Authority; 3rd Defendant: Meridian Port Holdings Limited; 4th Defendant: Meridian Port Services Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
16 January 2013
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection to Jurisdiction
Outcome
Preliminary objection dismissed
Legal Topics
Interpretation of 'government' Under Article 181, Jurisdiction of Supreme Court, Statutory Corporations as Government Entities
Source Language
English
Constitutional Law Administrative Law Interpretation of 'government' Under Article 181 Jurisdiction of Supreme Court Statutory Corporations as Government Entities

Case Brief

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Parties

Felix Klomega

Plaintiff

Attorney-General

1st Defendant

Ghana Ports and Harbours Authority

2nd Defendant

Meridian Port Holdings Limited

3rd Defendant

Meridian Port Services Limited

4th Defendant

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objection to Jurisdiction

Legal Issues

  1. 1 Whether 'government' under Article 181 includes statutory corporations such as the 2nd Defendant
  2. 2 Whether the agreements in question are international business or economic transactions requiring parliamentary approval under Article 181
  3. 3 Whether a genuine issue of constitutional interpretation is raised to invoke the Supreme Court's original jurisdiction

Ratio Decidendi

A genuine issue of constitutional interpretation arises as to whether 'government' under Article 181 includes statutory corporations; the Supreme Court has jurisdiction to determine this issue; the preliminary objection is dismissed.

Court Disposition

Preliminary objection dismissed

Orders

  • The preliminary objection to the jurisdiction of the Supreme Court is dismissed.