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THE REPUBLIC v. THE HIGH COURT, ACCRA; EX PARTE THE ATTORNEY-GENERAL

1999

SUPREME COURT

GHANA

CORAM

  • BAMFORD ADDO (MRS) (PRESIDING)
  • A K B AMPIAH J.S.C
  • G. K. ACQUAH J.S.C.
  • W.A. ATUGUBA J.S.C
  • SOPHIA AKUFFO (MS.) J.S.C

Areas of Law

  • Civil Procedure
  • Constitutional Law
  • Contract Law

AI Generated Summary

Delta Foods Limited imported a large consignment of white maize and contracted with the Ministry of Food and Agriculture for the Ministry to purchase the entire stock. The Ministry, through its Chief Director and the Minister, accepted in principle, inspected the maize, and reconfirmed an intention to buy. After delays, Delta sued the Minister in the High Court for specific performance and damages. The Attorney‑General’s office appeared, submitted to specific performance, and negotiated terms of settlement culminating in a consent judgment. The Attorney‑General later sought certiorari in the Supreme Court to quash the consent judgment, arguing the suit was void because the Attorney‑General was not named as defendant as required by Article 88(5). The Supreme Court unanimously held that the High Court had jurisdiction, that misjoinder or non‑joinder of the Attorney‑General was a technical defect that did not nullify proceedings, and, in the interest of justice, ordered substitution of the Attorney‑General as defendant while refusing certiorari.

RULING