Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ABABIO
V.
THE REPUBLIC

(1971) JELR 63529 (HC)    
High Court  ·  22 Dec 1971 ·  Ghana
 · 
Other Citations
[1972] 1 GLR 347
CORAM
MENSA BOISON J.

Ratio Decidendi

Core Terms Beta
paragraphs 5a
defence counsel’s submission
chief of kaase
chieftaincy act
grounds of appeal
kumasi traditional council
learned circuit judge
first schedule
circuit court
person
better appreciation of the rival interpretations
burden of counsel
possession of stool property of persons
new paragraph
learned state attorney
common law rule
provisions of section
member of the said council
principal enactment
provision of this decree
meetings of the traditional council
second charge
criminal code
amending n.l.c.d.
government of kwame nkrumah
such allegiance
state attorney
status of paramount chiefs
counsel’s submission
criminal offence
literal interpretation
persons simpliciter
appellant’s stool
holy orders
mensa boison j.
means persons
call of his customary overlord
mr. acheampong
subject-matter
reverted allegiance
ordinary meaning
various times
nana owusu yaw ababio
sub-paragraph
innocent interpretation
said elevation
meeting of the kumasi traditional council
paragraph
paragraph 5a
law


MENSA BOISON J.: The appellant was before the events which led to his prosecution the chief of Kaase, within the Kumasi Traditional Council and a member of the said council. On 28 July 1969 he was convicted before the Circuit Court, Kumasi, of the offence of failing to attend meetings of the traditional council, contrary to paragraphs 5A(1) and 5A(2)(b) of the Chieftaincy (Amendment) Decree, 1966 (N.L.C.D. 112), as amended by the Chieftaincy (Amendment) (No. 3) Decree, 1967 (N.L.C.D. 203). The particulars charged as follows: “Nana Owusu Yaw Ababio as Kaasehene on the 22nd day of August, 1968 at Kumasi in the Ashanti Circuit and within the jurisdiction of this court, without reasonable excuse failed to attend a meeting of the Kumasi Traditional Council to which he had been summoned.” On his conviction thereof he was sentenced to a fine of N¢50.00 or in default three months’ imprisonment. It is against this conviction that he has appealed and upon the grounds:

“(1) That the learned circu…
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