GH - SEYIRE v. ANEMANA

JUDGMENT OF AZU CRABBE J.A.

This appeal arises from the ruling of Koranteng-Addow J. at the High Court, Tamale, upon a preliminary issue in an election petition filed by the petitioner-respondent (hereinafter referred to as the petitioner) against the respondent-appellant (hereinafter referred to as the respondent).

The facts of this case are very simple and undisputed. The petitioner, who was the losing candidate in the last general election held at the Navrongo constituency on 29 August 1969, filed an election petition in the High Court, Tamale, against the respondent on 10 October 1969. This petition was filed without any deposit for the security for costs. Later the same day, however, the solicitor for the petitioner, Mr. Ibrahim Mahama, [p.35] called the registrar of the High Court, Tamale (Mr. J. J. Clement), by telephone from Accra and told him that he intended to send by telegraphic transfer money as security for costs in the election petition which he had caused to be filed on the petitioner's behalf. The solicitor further told him that the bank would in due course advise him about this payment. The registrar did not appear to have raised any objections to the procedure which the petitioner's solicitor proposed to follow. Some time, still later on the same day, i.e. 10 October 1969, the petitioner's solicitor again called the registrar from Accra and informed him that he had in fact transferred the money. The accountant of the Ghana Commercial Bank, Tamale, gave evidence and said that on 10 October 1969, an amount of N¢400.00 was transferred from Accra to the bank in favour of the registrar of the High Court, Tamale. A cheque dated 11 October 1969 for the amount of N¢400.00 was written in favour of the registrar, but this cheque was actually paid to the registrar across the counter of the bank on 15 October 1969, and was credited to the account of the registrar, High Court, Tamale, at the bank on the same date. Accordingly, the registrar, on the same day, issued two separate receipts: one for the sum of N¢200.00 in respect of this petition and another for the same amount in respect of a different petition.

The Gazette notice, containing the results of the general election to the National Assembly held on 29 August 1969, was published on 19 September 1969, and in paragraph (1) of the answer to the petition the respondent alleged as follows:

"The respondent says the purported petition of the petitioner is not valid by virtue of the joint effec

JUDGMENT OF AZU CRABBE J.A.

"The respondent says the purported petition of the petitioner is not valid by virtue of the joint effec

SEYIRE v. ANEMANA

Areas of Law

JUDGMENT