[2024]DLCA17659 • June 6, 2024 • Court of Appeal
JULIAN OSEI KWAME vs. GODFRED BOAKYE & 7 ORS
The Appellant alleged that the 1st and 2nd Respondents unlawfully broke into his locked bedroom at 1:00 am without a warrant or consent, physically assaulted him causing injury near his eye, unlawfully arrested and detained him without charges, damaged his property, and stole cash amounting to GH¢6,500. The Appellant claimed violations of his fundamental human rights including privacy, personal liberty, security, and property rights. The Respondents failed to file any defense or appear in court to contest the claims.
read moreJUDGMENT BAAH, J.A. This is a case filed by the Appellant under article 33 of the 1992 Constitution and Oder 67 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), for the ventilation of his fundamental human rights, as enshrined in chapter 5 of the Constitution of the Republic of Ghana. The action was commenced by an originating motion on notice, filed at the High Court, Kumasi, on 25 June 2015, for the following declarations and other reliefs: 1. A declaration that Applicant’s legal and fundamental human rights to privacy, home, life, health, security, safety, personal liberty, correspondence among others were brutally violated by Respondents 1 and 2 when they unlawfully broke into Applicant’s bedroom which was in lock-N-Key at an ungodly hour at 01:00am without warrant, court order, legal authorization and/or explicit consent of Applicant. 2. A declaration that Respondents 1 and 2 also violated Applicant’s rights to life, personal liberty, security, safety, freedom ...