[1972]DLHC2420 • November 26, 1972 • High Court
SHALABI AND ANOTHER vs. THE ATTORNEY-GENERAL
The plaintiffs, partners in a transport firm registered under the Incorporated Private Partnerships Act, were born in the Gold Coast to Lebanese parents and were originally British subjects. They renounced British nationality following the Ghana Nationality Decree, 1967 (N.L.C.D. 191), and obtained Ghanaian passports in 1968. Following the Ghanaian Business Promotion Act, 1970 (Act 334), which restricted alien participation in certain economic sectors, the plaintiffs sought confirmation of their Ghanaian citizenship. Authorities contended they were neither Ghanaian nor British citizens but Lebanese. The plaintiffs sought a declaration affirming their Ghanaian citizenship and right to conduct business without hindrance.
read moreThe plaintiffs are partners in the firm of Messrs. Shalabi Transport Service, Accra, registered under the Incorporated Private Partnerships Act, 1962 (Act 152), registered No. P. 208. The first plaintiff was born in the then Gold Coast on 30 September 1933 and the second plaintiff on 13 September 1935. Their parents were Lebanese. By reason of their birth in the Gold Coast, the plaintiffs were British subjects. The foregoing facts are admitted by the defence. The plaintiffs go on and aver in their statements of claim that they were holders of British passports and gave the numbers of their passports. They held their passports until the Ghana Nationality Decree, 1967 (N.L.C.D. 191), was made, when they renounced their British nationality and applied for and obtained Ghanaian passports on 30 September 1968 and 24 October 1968 respectively. With the passage of the Ghanaian Business (Promotion) Act, 1970 (Act 334), which seeks to restrict the activities of aliens in certain sectors of t...