(1989) JELR 69904 (HC)    
High Court  ·  16 Nov 1989 ·  Ghana
Other Citations
[1992] 1 GLR 360
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submission of no case
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criminal case no.
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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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