DIAWUOH
V.
THE REPUBLIC

(2003) JELR 63492 (CA)    
Court of Appeal  ·  5 Nov 2003 ·  Ghana
 · 
Other Citations
[2003-2005] 1 GLR 10
CORAM
ANSAH JA, AKAMBA JA, ANIM JA
Core Terms Beta
counsel
court-martial appeal court
regulation
court
appeal
supreme court
chief justice
section
judge of the supreme court of judicature
registrar of the court-martial appeal court
high court
judges of the supreme court of judicature
matters
persons
registrar of the court of appeal
judge of the superior court of judicature
member of the court-martial appeal court
regulations
appellate jurisdiction
armed forces
armed forces act
close of responses
court-martial
court martials
courts act
criminal procedure
decision of the general court martial
following words
general guidelines
general pool
great satisfaction
inherent right
judges of the superior court of judicature
judges of the superior courts of judicature
judges of the supreme courts of judicature
matters of appeal
mr akwasi opoku
n e amissah
next adjourned date
only difference today
others
regular criminal appeal sittings
related matters
relevant provisions
section grants jurisdiction
submissions of counsel
such regulations
superior court judge
use of the expression

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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