JULIAN KING STARLING CITY ESTATE VRS HUMAN RESOURCE / SECRETARY ECG DISTRICT OFFICE & 3 ORS

INTRODUCTION

We have before us, an appeal from the Ruling of the High Court, Kumasi, delivered on 23 October 2023. By the said Ruling, the High Court dismissed the application on grounds of absence of capacity of the Applicant and 1st to 3rd Respondents, to sue and be sued, respectively.

For ease of reference, the Applicant/Appellant and 1st to 3rd Respondents/Respondents will hereafter be referred to as Applicant and Respondents (1st to 3rd, where applicable).

BACKGROUND FACTS

On 13 September 2023, the Applicant invoked the jurisdiction of the High Court, Kumasi, for enforcement of his fundamental human rights pursuant to Article 33 of the 1992 Constitution and Order 67 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47). The said application was brought against the Respondents herein whom the Applicant described as Employees of the Electricity Company of Ghana (ECG); and the Attorney General, as 4th Respondent. According to the Applicant, he and his family manage a moderate real estate investment at Maxima, Ayigya. Sometime in July to August 2023, he approached the ECG office in Adum, Kumasi and presented a letter with specific instructions but he was directed to the ECG office at Kentinkrono. The Applicant deposed that he proceeded to the Kentinkrono Office of ECG with the letter, signed by himself and his mother. He was directed to attach a site plan to this letter which he obliged. By this letter, the Applicant instructed ECG to temporarily halt all business activities on his property at 4650- Plot 18 Blk BH, Ayigya until explicit notice to resume. The Applicant deposed that he was tossed around and disrespected by the Respondents herein who intentionally misinformed and consistently misled him; and that the conduct of the 1st Respondent forced him to question his self-worth as a person and a human being. Notwithstanding the strict instructions given to ECG, the Applicant contends that ECG continues to illegally conduct business on his property in violation of his right to own and protect his property. He therefore invoked the jurisdiction of the High Court for the following reliefs:

i. An order of mandamus compelling the district office of ECG to immediately carry out the instructions of the Applicant without delay.

ii. And award of constitutional (sic) damages to be specified by the Honourable High Court against 1st to 3rd Respondents in breach of Applicants fundamental human