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APPIAH v ATTORNEY-GENERAL: RE ELECTION OF FIRST PRESIDENT OF SECOND REPUBLIC

1970

COURT OF APPEAL

GHANA

CORAM

  • Bannerman Ag. CJ
  • Lassey
  • Amissah JA

Areas of Law

  • Civil Procedure
  • Administrative Law

AI Generated Summary

The court addressed a petition challenging the validity of an election in which the petitioner failed to comply with rule 3(d) of C.I. 10 requiring the petition to state detailed facts and identify intended witnesses. Despite this procedural defect, the court allowed the petitioner to present his case and to call the Interim Electoral Commissioner, although the Commissioner was not named in the petition, in order to give the petitioner every opportunity consistent with the rule of law. The court emphasized that such indulgence should not create precedent and reaffirmed that, in such matters governed by Court of Appeal procedures, the questions must be clearly stated and the required particulars provided to assist issue determination. The court ultimately found the conduct of the petition unsatisfactory because the petitioner appeared to shift his grounds while attempting to challenge the elections validity during the proceedings.