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JUDGEMENT
On 14 February 2024, the plaintiffs commenced an action at the High Court, Kumasi, jointly and severally against the defendants for the following reliefs:
a. An order compelling the defendants to pay to the plaintiffs the use of two separate classroom buildings at “Asuofua Cluster of Schools” in the Atwima Nwabiagya District upon a proper valuation conducted by a recognised valuer.
b. Declaration that the plaintiffs are the owners of two separate classroom buildings at Asuofua in the Atwima Nwabiagya District.
c. Recovery of possession of the property in dispute
d. An order of perpetual injunction.
e. Further orders.
The 1st defendant entered appearance by its counsel on 28 February 2024. And, on 7 March 2024, a State Attorney at the Office of the Attorney General, Kumasi, filed a joint statement of defence for both defendants. Upon service on Counsel for the plaintiff, he filed a Motion on Notice on 25 April 2024 for orders “striking out, setting aside, etc. the Appearance and Statement of Defence” for procedural irregularities. The gravamen of the application was that, as District Assemblies are bodies corporate, they cannot be represented by the Attorney General; and because the 2nd defendant is being wrongly represented, same nullifies both the Appearance and Statement of Defence.
The application was strenuously opposed by defendants’ counsel on the grounds that: (i) the Attorney General is responsible for the institution and conduct of all civil cases on behalf of the State; and all civil proceedings against the State shall be instituted against the Attorney General as a defendant; (ii) the Constitution of Ghana does not make any distinction between state institutions that the Attorney General can represent and those that it cannot represent; (iii) the Attorney General can represent the Executive branch of government which in the narrow sense consists of the President of Ghana, and in the broader sense extends to Ministers of State,
District & Municipal Assemblies, among others and (iv) the 2nd defendant is an extension of the executive arm of government and a government institution and the Attorney General reserves the right to defend the interest of the 2nd defendant.
After considering the affidavits filed and upon hearing both Counsel, the trial Judge dismissed the plaintiffs’ application as being without merit.
Being aggrieved by the ruling of the court, the plaintiffs invoked the jurisdiction of this court by a No