[1999]DLSC463 • March 3, 1999 • Supreme Court •
REPUBLIC vs. HIGH COURT, ACCRA; EX PARTE ATTORNEY-GENERAL (DELTA FOODS LTD., INTERESTED PARTY)
Delta Foods Ltd, a Ghanaian company, imported 420,000 mini bags of white maize and offered to sell the consignment to the Ministry of Food and Agriculture. The Ministry accepted the offer in principle and inspected the stock. Despite repeated assurances and letters from the Minister for Food and Agriculture confirming intention to purchase and efforts to secure funds, payment was delayed. After waiting, Delta Foods commenced legal proceedings against the Minister for Food and Agriculture seeking specific performance of the contract and damages for breach.
read moreI have been privileged to read in advance the able ruling of my brother Acquah JSC wherein he has fully set out the facts and correctly considered the arguments and submission by both parties to this suit. I entirely agree with his reasoning and conclusions so there is really no need for me to repeat them as well. The main issue here is that instead of putting down the Attorney-General as the defendant in the suit in the High Court, the Minister for Food and Agriculture was mistakenly set down. This mistake was not raised at the High Court, which court could have corrected the said error under Order 5, r 6(1) and (2) of the High Court (Civil Procedure) Amendment (No 2) Rules, 1977 (LI 1129). The Solicitor-General who is an officer of the Attorney-General, however. appeared for the Attorney-General and defended the action throughout. He took part in the whole proceeding, including submitting to judgment for specific performance as claimed in the writ. The then presiding judge, Akoto-...