[2017]DLHC5433 • September 20, 2017 • High Court
ALHAJI IBRAHIM FAILA (HON.) AND 4 OTHERS vs. JENNIFER DEDE AFAGBEDZI AND 3 OTHERS
The plaintiffs, elected members of the 2nd Defendant Municipal Assembly, challenged the convening of a second meeting by the defendants to confirm the 1st Defendant as Municipal Chief Executive (MCE). They alleged the meeting was convened unlawfully without proper notice and that the election process was flawed, including an instance of overvoting. The plaintiffs contended these actions violated Article 244 of the Constitution, the Local Government Act, and the Assembly's Standing Orders.
read moreMOTION ON NOTICE TO STRIKE OUT/DISMISS PLAINTIFFS ACTION Introduction: [1] It recalls that on the 17th day of July, 2017 the Plaintiffs commenced this instant action by issuing a writ of summons against the Defendants herein endorsed with the reliefs set out here below: a. A declaration that the convening of a Meeting of the 2nd Defendant by some other person rather than the 1st Plaintiff is a violation of the laws of Ghana particularly article 244 of the Constitution of Ghana, the Local Government Act and the Standing Orders of the Assembly and therefore unlawful. b. A declaration that the convening of a Meeting of the 2nd Defendant without notices sent to all the Assembly Members is a violation of the rules of natural justice and the standing Orders of the Assembly and therefore unlawful. c. A declaration that the prevention of the Presiding Member from presiding over the proceedings of the Assembly is a violation of the laws of Ghana particularly article 244 of the Constit...