REPUBLIC
V.
AKWAPIM-MAMPONG DISTRICT COURT GRADE II AND OTHERS; EX PARTE DJANIE AND OTHERS

(1989) JELR 69904 (HC)    
High Court  ·  16 Nov 1989 ·  Ghana
 · 
Other Citations
[1992] 1 GLR 360
CORAM
AMMAH J.
Core Terms Beta
submission of no case
district court
district magistrate
criminal procedure code
statutory statement
district court grade ii
inferior court
order of certiorari
special circuit court
supporting affidavit
criminal trial
ex parte smith
prima facie case
trial of the applicants
accused person
applicants’ counsel
behalf of the accused persons
brief facts
circuit court
close of the case
counsel’s submission
criminal case no.
criminal charge
cross-examination
david kotey djanie
decision of an inferior tribunal
defence counsel
defence of bona fide claim of title
district magistrate of section
electricity commissioners
error of law
evidence of the prosecution witnesses
ex parte nimo
face of its record
face of the bona fide claim
following paragraphs
general character
hearing of the prosecution witnesses
judgment of the district court
lack of jurisdiction
learned judge
legal authority
mere assertion of right
mere statement of an accused person
open court
real property
said magistrate
startling disclosure of manifest bias
such evidence
utterance applicants’ counsel

AMMAH J.: This is an application for an order of certiorari to quash the ruling of the District Magistrate Grade II Akwapim-Mampong dated 30 November 1988 and a further order of prohibition to be directed against the said magistrate to forbid him from hearing a criminal case No. 311/88 entitled Republic v.(1) Ashie Djanie; (2) David Kotey Djanie; and (3) Amasah Djanie.

The application is supported by an affidavit running into 23 paragraphs, some of which are not relevant; and the statutory statement.

The grounds upon which the reliefs are being sought are stated in the statutory statement as follows:

(i) Lack of jurisdiction to continue trial of the applicants beyond the close of the case for the prosecution in the face of the bona fide claim to title to land raised throughout the hearing of the prosecution witnesses.

(ii) Contravention by the district magistrate of section 180 of the Criminal Procedure Code, 1960 (Act 30) by peremptorily ordering the applicants to open their defence wit…

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