Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



BREFOH
V.
THE REPUBLIC

(1979) JELR 69683 (HC)    
High Court  ·  21 Sep 1979 ·  Ghana
 · 
Other Citations
[1980] GLR 679
CORAM
TAYLOR J.

Ratio Decidendi

Core Terms Beta
constitution
section
article
murder case
osei-hwere j.
reasonable time
unreasonable delay
provisions of article
13th day of january
criminal procedure code
mensa boison j.
operation of the constitution
rule of law
statutory provisions
murder cases
own knowledge
respectful opinion
act of parliament
clear implication of section
entitlement of an applicant
fundamental rule of interpretation
interpretation of statutes
operation of the constitution of the republic
provisions of this proclamation
said proclamation
superior courts
assistant state attorney
attorney-general’s department
common law countries
famous sussex peerage case
interests of law
later date
law of ghana
lord buckmaster
nature of a statute
paramount principle
primary meaning of the word
proclamation subject
proper principles
purpose of showing
reasonable suspicion
said applicant
said docket
said goat
simple application
such cases
such occasion
tangled confusion of these acts of parliament
taylor j.
true construction of these provisions

TAYLOR J.

“A statute or Act of Parliament is the will of the legislature.” This is the opening sentence in Odgers’ exposition of the nature of a statute as is contained in Odgers’ Construction of Deeds and Statutes (5th ed.), at p. 233. In his oft-quoted treatise on the Interpretation of Statutes (11th ed.), Sir Maxwell also indicated in his very first sentence the basic and paramount principle applicable in searching for the said “will” of the legislature. As is also so stated in Maxwell, “A statute is the will of the legislature and the fundamental rule of interpretation, to which all others are subordinate, is that a statute is to be expounded according to the intent of them that made it.” This rule is supported in Maxwell by reference to Coke’s Institutes, the famous Sussex Peerage Case (1844) 11 C1. and F. 85 and Fordyce v. Bridges (1847) 1 H.L. Cas. 1.

This fundamental rule of interpretation is the unruly horse of the judiciary of almost all common law countries. I cannot pretend…

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