[]DLSC2349 • • Supreme Court
JOSEPH SAM vs. THE ATTORNEY-GENERAL.
MRS. J. BAMFORD-ADDO, J.S.C.: The plaintiff issued a Writ to invoke the Original Jurisdiction of this court seeking the interpretation of the Constitution and a declaration "that Section 15 of the Divestiture of State Interests (implementation) Law 1992 PNDCL 326 is inconsistent with or in contravention of the Provisions of Articles 140(1) and 293(2)(3) of the 1992 Constitution and to that extent it is null and void." The Defendant raised a preliminary objection to this action on the ground that Plaintiff has no standing to bring the suit since he has no personal interest in the outcome of the case. He asked that Plaintiff's writ be struck out and dismissed for lack of standing. The Defendants' grounds for the preliminary objection were that a) a controversy or dispute concerning the interpretation of an enactment must have arisen before the said declaration can be sought. b) that according to Article 2(1) of the Constitution the meaning of "person" contained therein is refer...