AWUAH
V.
COMMISSIONER OF POLICE

(1961) JELR 65740 (SC)    
Supreme Court  ·  8 Feb 1961 ·  Ghana
CORAM
VAN LARE JSC, MILLS-ODOI JSC, BLAY JSC
Core Terms Beta
court
decree
offender
property
section
default
victim
action
civil action
defendant
enforcement
execution
judgment
manner
money
new enactment
payment
plaintiff
power
value of any property
victim of the offence
amount
application
application of the victim
application of the victim of the offence
case of dispute
criminal procedure code
decrees
dishonesty
exercise of the civil jurisdiction of the court
favour
issue
jurisdiction
limits of the civil jurisdiction of the court
offence
own motions
persons simpliciter
prosecution
provision
recovery of property
respect
sale of property
sale simpliciter
seizure of the convicted person
sentence
state
supreme court
trial courts
value
van lare j.s.c.

COURT: In its judgment read by van Lare J.S.C. the Supreme Court held that the power of ordering recovery of property or its value is now regulated by section 147 of the Criminal Procedure Code, 1960 (Act 30), where the court can be competent to do so only on the application of the victim, and even then there is no longer power to order the seizure of the convicted person’s property and sale simpliciter. The new enactment requires the court to “make a decree for the return by the offender to the victim, of the property not recovered and for payment, in default, of the value of any property not returned.” One would therefore expect the decree to state the amount in respect of which execution may be levied and there is provision for enforcement of such a decree as if it were one in an action between the victim of the offence as plaintiff and the offender as defendant.

Trial courts are therefore warned not to direct seizure and sale of property of convicted persons simpliciter on their ow…

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