AKUSE AMEDEKA CITIZENS ASSOCIATION   —  PLAINTIFFSVs.THE ATTORNEY-GENERAL & ANOTHER   —  ...

AKUSE AMEDEKA CITIZENS ASSOCIATION   —  PLAINTIFFS
Vs.
THE ATTORNEY-GENERAL & ANOTHER   —   DEFENDANTS

Eric Aguda, Esq.

549
0
SHARE

Decisions in previous actions in rem binding on all persons within jurisdiction.
Supreme Court, 15th January, 2015 (Writ: NO.J1/10/2013)


Coram:  WOOD (MRS), CJ. (PRESIDING); DOTSE, JSC.; ANIN YEBOAH, JSC.; BAFFOE- BONNIE , JSC.; GBADEGBE, JSC.; AKOTO BAMFO, JSC.; AKAMBA, JSC.

At the base of the circumstances leading to this suit was whether Akuse and its environs fell within the Greater Accra Region or the Eastern Region. The Supreme Court found that the reliefs sought in this matter were, notwithstanding their different formulations, substantially the same as those sought in the earlier cases of Paul Obroni and Another v The Attorney-General and Others (Suit No J1/10/2013) and Charles Mate Korle and Azago Kwetsiku v Electoral Commission and Attorney- General [2012] SCGLR 244.

The Court also found that the said reliefs revealed the main issue in the instant case and that of the previous cases, to be the status and extent of PNDCL 26 as amended by PNDCL 28 in so far as the location of Akuse and its environs, which are presently part of the Eastern Region of Ghana, are concerned.

In dismissing the Plaintiff’s action, the court held, among others, that as the earlier actions of Paul Obroni and Charles Mate Korle were in their nature in rem, the decisions are binding and conclusive against all persons situate within the jurisdiction irrespective of the question whether they were parties to the said cases or in privity to the parties.

NO COMMENTS

LEAVE A REPLY