Private lotto operators wins reprieve
Gilbert Boyefio
02/04/09
An Accra Fast Track High Court has restrained the National Lottery Authority from interfering with the operations of private lotto in the country.To this end, members of the Ghana Lotto Operators Association, Obiri Asare and Sons Limited, Rambel Enterprise Limited, Dan Multi-Purpose Trading Enterprise Limited, Agrop Association Limited, Star Lotto Limited and From-Home Enterprises, can continue with their private lotto operations until the final determination of their case at the Court of Appeal.
Yesterday, passing judgment, the judge, Justice Edward Amoako Asante, noted that members of the GLOA stand to face severe hardship if their application for interlocutory injunction pending an appeal is dismissed, and consequently granted it. The court further restrained the NLA from interfering with the property rights of the GLOA. The court further ordered GLOA to file an undertaking of GH¢1million as security cost while pursuing their case at the Court of Appeals.
Justice Amoako Asante explained that he agreed with the arguments raised by GLOA that the earlier Supreme Court judgment in the matter pertained to only an aspect of the case, that is whether the NLA Act 722, breaches GLOA’s right to free market activity. The judge pointed out that he would uphold the status quo of Act 722 as it is.
The Fast Track High Court judgment follows the Supreme Court’s order on February 11th that the said application, which hitherto was dismissed by a Fast Track High Court 2, be referred back to the Fast Track High Court for rehearing. GLOA and six other private lotto operating firms on August 21 filed a stay of execution at the Court of Appeal on the decision by an Accra Fast Track High Court not to allow them to operate private lottery in the country. They are seeking an order from the Court of Appeal to set aside the High Court's ruling on August 20, since according to them, the trial judge erred in law by summarily dismissing their action.
In their grounds of appeal the plaintiffs are praying the Court of Appeal to restore their action for it to be determined on its merit after a proper hearing. They averred that the judge, Edward Amoako Asante, failed to consider and appreciate the nature and extent of their case as borne out by the relief and pleadings. GLOA stated that their appeal has good grounds and has a great chance of succeeding given the serious errors that culminated in the ruling of the Fast Track Court on August 20, 2008. They pointed out that a decision of the appellate court reversing the ruling of the Fast Track Court would be rendered nugatory if the enforcement of the said ruling is not stayed pending the determination of the instant appeal.
02/04/09
An Accra Fast Track High Court has restrained the National Lottery Authority from interfering with the operations of private lotto in the country.To this end, members of the Ghana Lotto Operators Association, Obiri Asare and Sons Limited, Rambel Enterprise Limited, Dan Multi-Purpose Trading Enterprise Limited, Agrop Association Limited, Star Lotto Limited and From-Home Enterprises, can continue with their private lotto operations until the final determination of their case at the Court of Appeal.
Yesterday, passing judgment, the judge, Justice Edward Amoako Asante, noted that members of the GLOA stand to face severe hardship if their application for interlocutory injunction pending an appeal is dismissed, and consequently granted it. The court further restrained the NLA from interfering with the property rights of the GLOA. The court further ordered GLOA to file an undertaking of GH¢1million as security cost while pursuing their case at the Court of Appeals.
Justice Amoako Asante explained that he agreed with the arguments raised by GLOA that the earlier Supreme Court judgment in the matter pertained to only an aspect of the case, that is whether the NLA Act 722, breaches GLOA’s right to free market activity. The judge pointed out that he would uphold the status quo of Act 722 as it is.
The Fast Track High Court judgment follows the Supreme Court’s order on February 11th that the said application, which hitherto was dismissed by a Fast Track High Court 2, be referred back to the Fast Track High Court for rehearing. GLOA and six other private lotto operating firms on August 21 filed a stay of execution at the Court of Appeal on the decision by an Accra Fast Track High Court not to allow them to operate private lottery in the country. They are seeking an order from the Court of Appeal to set aside the High Court's ruling on August 20, since according to them, the trial judge erred in law by summarily dismissing their action.
In their grounds of appeal the plaintiffs are praying the Court of Appeal to restore their action for it to be determined on its merit after a proper hearing. They averred that the judge, Edward Amoako Asante, failed to consider and appreciate the nature and extent of their case as borne out by the relief and pleadings. GLOA stated that their appeal has good grounds and has a great chance of succeeding given the serious errors that culminated in the ruling of the Fast Track Court on August 20, 2008. They pointed out that a decision of the appellate court reversing the ruling of the Fast Track Court would be rendered nugatory if the enforcement of the said ruling is not stayed pending the determination of the instant appeal.
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