[2012]DLSC2657 • June 12, 2012 • Supreme Court •
CHARLES MATE KOLE AND NENE AZAGO KWESITSU vs. THE ELECTORAL COMMISSION AND THE ATTORNEY-GENERAL
The case involves an application by the codefendant for leave to file a counterclaim concerning the interpretation of PNDC Law 26 as amended by PNDC Law 28 and the validity of LI 1983 relating to district boundaries. The substantive case was already adjourned for judgment at the time of the application.
read moreDR. DATE-BAH JSC: I have carefully considered the co-defendant’s motion for leave to file a counter-claim in this case together with his supporting affidavit and statement of case. I have also taken into account the affidavit in opposition filed by Nene Azako Kwesitsu, the Second Plaintiff herein, and the oral arguments submitted on behalf of both the plaintiffs, the co-defendant and the first defendant. Relying on these submissions, I have come to the conclusion that the application for leave to file a counter-claim has come too late to succeed. The substantive case has already been adjourned for judgment and the co-defendant has made no effort to arrest the judgment which is due to be read tomorrow. Furthermore, the nature of the counter-claim that the co-defendant intends to file does not at first sight appear to raise a matter within the exclusive original jurisdiction of this Court. In paragraph 11 of Nene Titriku I’s affidavit in support of the motion for leave, he depo...