[2014]DLHC3884 • March 10, 2014 • High Court
OSCAR RAPHAEL vs. FRANK AWUAH ADJEI & 3 ORS
The Plaintiff in this action claimed that he won a lottery which is run by the 1st Defendant. His case was that he staked some numbers with the 2nd, 3rd and 4th Defendants who are agents of the 1st Defendant. He alleged that he won the numbers staked per Asare Original Pay All winning numbers as announced at the time in question. It is the alleged prize money of GH¢18,000.00 which he has sued for. The Defendants denied all the material allegations of fact made by the Plaintiff. Their defence was that Private Lotteries, including Asare Original pay All, had been abolished by Act 722 and the same had been confirmed by the Supreme Court. Thus, the Defendants could not have been given any license by the National Lottery Authority (NLA).They pleaded illegality. The main issue for determination by this court is whether or not the Defendants have license to operate Private Lottery? And if so, whether the Plaintiff is entitled to his claim. In all civil suits, a party who makes an averment....