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REPUBLIC
V.
ABBEY

(1991) JELR 69373 (CA)

Court of Appeal 7 Feb 1991 Ghana
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- The Republic is appealing the decision of Essilfie-Bondzie J. to grant an application for an order of certiorari to quash the conviction and sentence of the respondent. - The respondent was convicted and sentenced in 1964 but did not appe

Case Details

Judges:ESSIEM JA, AMUAH JA, OFORI-BOATENG JJ.A.
Counsel:OSAFO SAMPONG PRINCIPAL STATE ATTORNEY FOR THE REPUBLIC; W. A. N. ADUMUA-BOSSMAN FOR THE RESPONDENT.
Other Citations:[1991] 1 GLR 182

AMUAH J.A: The Republic appeals from the decision of Essilfie-Bondzie J. granting an application for an order for extension of time to enable the respondent to apply for an order of certiorari to bring up and quash the conviction and sentence imposed on the respondent on 7 September 1964.

The record of the learned circuit judge reads:

“Case No. 1405/64.

The State

V

Samuel Abbey

First count—Pleaded guilty. Convicted accordingly. Twelve pounds or one month. Second count—Pleaded guilty. Convicted accordingly. One day’s imprisonment plus £40 or two months concurrent and non-cummulative R/O.”

Both the police and court dockets could not be traced and the respondent did not appeal against his conviction and sentence. In due course he was duly nominated, elected and installed as a paramount chief of Prampram. In 1987 he applied to the Ghana Government for recognition but the government refused to grant him recognition and to publish his particulars in the Local Government Bulletin or the Gazett…

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