REPUBLIC
V.
CIRCUIT COURT JUDGE, HOHOE; EX PARTE SUSU ALIAS AWUSI AND OTHERS

AMUAH JA. This is an appeal against the decision of a High Court judge sitting at Ho delivered on the 18th day of April 1986. By this decision the ruling of the circuit court in case No 104/85 was quashed and the circuit court was prohibited from proceeding to hear the case.

On the 26th day of March 1992 this court allowed the appeal, set aside the decision of the High Court and remitted the case to the circuit court for trial to continue. We now give reasons for the judgment we delivered.

The case of the prosecution is that the room in which PW1 a stool father kept his stool was hit by a rainstorm, which caused considerable damage to it. He therefore transferred the stool from his house at Agate Agama to the house of Togbe Agbi which is situated at Agate Togbi. While the stool was being kept at the house of Togbe Agbi, the accused persons forced open the door to the room and took the stool away without the knowledge and consent of PW1 in whose custody it was. All attempts to retrieve i…