ATISU
V.
THE REPUBLIC

(1973) JELR 65658 (HC)    
High Court  ·  9 Nov 1973 ·  Ghana
 · 
Other Citations
[1974] 1 GLR 53
CORAM
ANDOH J.
Core Terms Beta
court
case
interlocutory order
high court
learned district magistrate
counsel
final order
purpose
rights of the parties
section
submission of no case
decision
dr. kludze
evidence
order
stage
statement
subsection
view
absence of a final pronouncement
altrincham urban district council
andoh j.
appeals
appellate court
clerical officer
close of the prosecution
cotton l.j.
counts of extortion
court’s decision
criminal code
delay
direction of the court
district administrative office
district court
district magistrate
dock
great length
learned magistrate
learned trial magistrate
leave of the district court
meaning of this subsection
next adjourned date
only point
order of the district magistrate
order of the learned district magistrate
prima facie case
proper judicial consideration
real test
submission
true test

ANDOH J.: The appellant, a clerical officer, attached to the District Administrative Office, Kpandu, was arraigned before a district magistrate at Hohoe, on 20 September 1972 on charges of five counts of extortion contrary to section 239 (1) of the Criminal Code, 1960 (Act 29). He pleaded not guilty to each of the five counts. At the close of the prosecution’s case, learned counsel for the appellant, Dr. Kludze, made a submission of no case. The learned district magistrate considered the submission at great length and gave his ruling on it. It is sufficient to say that the learned magistrate was of the view that the prosecution had adduced a sufficient and a prima facie case against the accused. Consequently, the learned district magistrate called upon the appellant to enter into his defence after rejecting the submission of no case. The appellant, aggrieved by and dissatisfied with the said ruling, now appeals to this court. In this ruling, I do not propose to deal with the substance…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login