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

(1992) JELR 65691 (CA)    
Court of Appeal  ·  2 Apr 1992 ·  Ghana
CORAM
AMUAH JA, OFORI-BOATENG JA, FORSTER JA
Core Terms Beta
accused persons
stool
matter
case
circuit court
section
appeal
court
parties
police
application
chief of anfoega
chieftaincy act
complainant
counsel
decision of the high court
high court judge
house of togbe agbi
learned circuit judge
room
ruling of the circuit court
support of the charges
18th day of april
26th day of march
bona fide claim
case mr dotse
case of the prosecution
civil action
civil court
community
considerable damage
criminal action
criminal court
decision
decision of a high court judge
exclusive jurisdiction
following charges
high court
house
issue of jurisdiction
judicial committee of the traditional council
point of law
present case
reasons
republic v adansi traditional council
ruling of the high court
stool father
submission of mr dotse
trite law
whole facts of the case

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…

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