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RULING
TORKORNOO (MRS.) JSC:-
Introduction
Pursuant to article 88 of the 1992 Constitution, the Attorney General (AG) is the constitutionally mandated representative of the State responsible for the institution and conduct of all civil cases on behalf of the State, and defence of all civil proceedings against the State.
Article 88 (5) reads
The attorney-general shall be 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 defendant.
From the exhibits attached to the application under consideration, the plaintiff company is called China Jilin International Economic and Technical Corporation (CJIETC) of 60 Orange Road, Sale, Cheshire, M33 6RY England. It entered into a construction contract with the Government of Ghana on 3rd February 1997 to construct roads. The contract was later terminated.
In a separate act on 29th March 1996, a company called CJIETC GROUP of the same address 60 Orange Road, Sale, Cheshire, M33 6RY England, with head office in Changchun, China had granted a power of attorney to one Dr Monindra Kumar Banerjee and SA Danquah ‘and/or their accredited representatives acting alone or otherwise appointed’ to ‘absolutely engage legally etc on behalf of this company and its associated companies as listed elsewhere for all projects outside China’. In the power of attorney, the CJIETC GROUP ‘also mandated’ registered directors of CJIETC Ghana and other senior executives to also engage legally on its behalf.
The Law Suit
The plaintiff, China Jilin International Economic and Technical Corporation (CJIETC) acting by SA Danquah sued the AG with the Ministry of Roads and Transportation, (MRT) as defendants in suit no F3/08/05.
Judgment was eventually entered in favor of the plaintiff/judgment creditor/interested party in 2014. That judgment was part executed, then stayed pending appeal filed on 18th March 2015. From the records, that appeal has still not been transmitted to the court of appeal for determination.
The record shows that in view of the delay in transmission and prosecution of the appeal, the plaintiff/judgment creditor commenced proceedings to set aside the order of stay of execution. At the end of hearing that application and on 22nd September 2020, the high court directed the AG to cause the Record of Appeal to be forwarded to the court of appeal by 30th December 2020 failing which the judgment creditor wou