MARHABA AND OTHERS
V.
THE REPUBLIC

(1978) JELR 65562 (HC)    
High Court  ·  17 Mar 1978 ·  Ghana
 · 
Other Citations
[1979] GLR 90
CORAM
TAYLOR J.
Core Terms Beta
law
district court
chief justice
circuit court judge
district magistrate
circuit court
court
circuit judge
accused person
chief state attorney
district court grade
first accused
inspector-general of police
alhaji kwaw swanzy
audi alteram partem principle
constitutional provision
criminal code
interpreters of the criminal law
mr. a. essilfie-bondzie
special court
accused persons
bad case
best synopsis of the facts
circuit courts
citizen’s liberty
constant change
constitutional rights
course of the altercation
course of the argument
criminal jurisprudence
general officer
government of our first republic
grade of circuit court judge
guilty persons
high court
judges’ rules
judicial function
legal practitioner
letter ref
maintenance of the integrity of the judicial process
mr. kaleo bio
new approach
public schools
senior state attorney
straightforward case
subject-matter of a trial
such force
summary of the said facts
taylor j.
time attorney-general

TAYLOR J.: This is a straightforward case and although in the view I take of the law, the facts in detail are not necessary for a decision, a very brief narration or summary of the said facts may be helpful in order to set the case in its proper perspective. Perhaps the best synopsis of the facts which accords with the evidence is what the senior state attorney, Mr. Kaleo Bio, who presented the case, gave as facts to the court and it is as follows:

“The complainant is a legal practitioner. At about 10 a.m. on 11 April 1973, the first accused was driving a car from the Liberation Circle towards Kaneshie. The two other accused persons were in the car with him. The complainant was also in his car driving in the same direction. When the two cars reached an intersection they grazed each other. The first accused got out of his car and the complainant also got down. Both of them started blaming each other for the accident. In the course of the altercation that ensued the first accused hit the…

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