Supreme Court to rule on GLOA's application
Gilbert Boyefio
21/01/2009
The Supreme Court has set aside February 11 to rule on whether or not to grant an application by the Ghana Lotto Operators Association revoking the supervisory jurisdiction of the court to quash the judgment of a Fast Track High Court.
The court set the date after counsels for both the plaintiffs and respondents had moved and argued their cases out based on merit. The panel was chaired by Justice William Attuguba, and has Justices Date-Bah, Julius Ansah, Sophia Adanyirah and Rose Owusu as members.
GLOA is praying the Supreme Court to quash the proceedings which led to the dismissal of an application for injunction pending an appeal against the outlawing of private lotto in the country.
The GLOA had sued the National Lottery Authority maintaining that its rights to free market activity had been impinged upon by the NLA following the passage of the National Lottery Authority Act 2006, Act 722.
However, on November 4, 2008, a Fast Track High Court, presided over by Justice Ofori-Atta, said the appellants were not able to assert their right to the law of equity and dismissed their application.
Following the lower court's decision, the GLOA filed the application to invoke the supervisory jurisdiction of the Supreme Court to quash the Fast Track High Court"s proceedings on October 22, 2008 which led to the subsequent dismissal of its application for injunction.
According to Aurelius Awuku, counsel for GLOA, the learned trial judge assumed jurisdiction over the matter when he has no jurisdiction. He challenged the mode for transferring the case from Justice Edward Asante's court to that of Justice Ofori-Atta.
He told the court that Justice Asante, who was originally sitting on the matter after it had been transferred from Justice Abada"s court by the Chief Justice, adjourned hearing of the case to October 22, 2008.
He said on the next adjourned date it emerged that Justice Asante was on leave and for that matter, a court clerk adjourned it to November 6, 2008.
However, Mr Awuku disclosed to the court that on the same day of October 22, 2008, the case was called at the High Court Fast Track 2 presided over by Mr. Justice Ofori-Atta who heard submissions in the absence of the applicants and its counsel.
He said the learned trial judge then adjourned the pending application for ruling on November 4, 2008.
He further argued that on November 4, 2008, he and his clients appeared before the court and objected to the delivery of the ruling on the grounds that the judge lacked jurisdiction to hear the application and deliver a ruling.
He submitted that since the case was transferred to Justice Asante by an order from the Chief Justice, it was only another order from the Chief Justice that could put the case before Justice Ofori-Atta for determination.
"In the absence of an order of transfer and any evidence confirming its existence, Justice Ofori-Atta overruled our objection and proceeded to dismiss the application for injunction pending appeal,” he told the court.
Reacting to the submissions made by GLOA, Counsel for the National Lottery Authority, Kizito Beyuo, appealed to the court to take a global look at the case and refuse the application.
He said they did concede that there was a certain procedure set out for transferring a case from one judge to the other.
He however, argued that there were exceptional circumstances to the rule. According to him, the matter put before Justice Ofori-Atta was to consider an aspect of the case, which was the application for injunction
He pleaded with the court to look at the substance of the case.
21/01/2009
The Supreme Court has set aside February 11 to rule on whether or not to grant an application by the Ghana Lotto Operators Association revoking the supervisory jurisdiction of the court to quash the judgment of a Fast Track High Court.
The court set the date after counsels for both the plaintiffs and respondents had moved and argued their cases out based on merit. The panel was chaired by Justice William Attuguba, and has Justices Date-Bah, Julius Ansah, Sophia Adanyirah and Rose Owusu as members.
GLOA is praying the Supreme Court to quash the proceedings which led to the dismissal of an application for injunction pending an appeal against the outlawing of private lotto in the country.
The GLOA had sued the National Lottery Authority maintaining that its rights to free market activity had been impinged upon by the NLA following the passage of the National Lottery Authority Act 2006, Act 722.
However, on November 4, 2008, a Fast Track High Court, presided over by Justice Ofori-Atta, said the appellants were not able to assert their right to the law of equity and dismissed their application.
Following the lower court's decision, the GLOA filed the application to invoke the supervisory jurisdiction of the Supreme Court to quash the Fast Track High Court"s proceedings on October 22, 2008 which led to the subsequent dismissal of its application for injunction.
According to Aurelius Awuku, counsel for GLOA, the learned trial judge assumed jurisdiction over the matter when he has no jurisdiction. He challenged the mode for transferring the case from Justice Edward Asante's court to that of Justice Ofori-Atta.
He told the court that Justice Asante, who was originally sitting on the matter after it had been transferred from Justice Abada"s court by the Chief Justice, adjourned hearing of the case to October 22, 2008.
He said on the next adjourned date it emerged that Justice Asante was on leave and for that matter, a court clerk adjourned it to November 6, 2008.
However, Mr Awuku disclosed to the court that on the same day of October 22, 2008, the case was called at the High Court Fast Track 2 presided over by Mr. Justice Ofori-Atta who heard submissions in the absence of the applicants and its counsel.
He said the learned trial judge then adjourned the pending application for ruling on November 4, 2008.
He further argued that on November 4, 2008, he and his clients appeared before the court and objected to the delivery of the ruling on the grounds that the judge lacked jurisdiction to hear the application and deliver a ruling.
He submitted that since the case was transferred to Justice Asante by an order from the Chief Justice, it was only another order from the Chief Justice that could put the case before Justice Ofori-Atta for determination.
"In the absence of an order of transfer and any evidence confirming its existence, Justice Ofori-Atta overruled our objection and proceeded to dismiss the application for injunction pending appeal,” he told the court.
Reacting to the submissions made by GLOA, Counsel for the National Lottery Authority, Kizito Beyuo, appealed to the court to take a global look at the case and refuse the application.
He said they did concede that there was a certain procedure set out for transferring a case from one judge to the other.
He however, argued that there were exceptional circumstances to the rule. According to him, the matter put before Justice Ofori-Atta was to consider an aspect of the case, which was the application for injunction
He pleaded with the court to look at the substance of the case.
Comments
Post a Comment