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DIAWUOH
V.
THE REPUBLIC

(2003) JELR 63492 (CA)

Court of Appeal 5 Nov 2003 Ghana
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- The case involves an appeal from the decision of the General Court Martial. - The court raises a preliminary point regarding its jurisdiction to hear the appeal. - The appellant argues that the court is competent to hear the appeal based

Case Details

Judges:ANSAH JA, AKAMBA JA, ANIM JA
Counsel:AKWASI OPOKU FOR THE APPELLANT; LT COL ASANTE (WITH HIM CAPTAIN BEKOE) FOR THE RESPONDENT.
Other Citations:[2003-2005] 1 GLR 10

JUDGEMENT

Akamba JA

Delivered the ruling at the invitation of Ansah JA. On 21 October 2003 an appeal from the decision of the General Court Martial, Burma Camp was fixed before this court in our regular criminal appeal sittings for hearing. We were served with the record of proceedings and other attachments beforehand and having had the opportunity to read same and to make references to the legislation relied upon, there was some uncertainty about our competence as presently constituted to deal with this appeal. This court accordingly posed the question for both counsel to satisfy us as to our jurisdiction in hearing the appeal as a preliminary point. In raising the point for argument, we are convinced that jurisdiction is like the foundation of a building wherein if built on a rock will stand firmly the test of time but if built on sand would be swept away by any deluge.

We must begin by expressing our great satisfaction for the assistance from both counsel on the issue, which initially…

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