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REPUBLIC
V.
CIRCUIT COURT JUDGE, TARKWA; EX PARTE OPOKU

(1999) JELR 69894 (HC)

High Court 20 Jan 1999 Ghana
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- The applicant filed a motion to quash the judgment of the Circuit Court, Takwa, which sentenced him to eight years' imprisonment with hard labor and ordered him to pay a debt of ¢74,195,300 to the Produce Buying Co. - The applicant was a

Case Details

Judges:ANSAH J
Counsel:ACKAAH-GYASI FOR THE APPLICANT; G KPODO FOR THE REPUBLIC.
Other Citations:[1999-2000] 1 GLR 55

ANSAH J: Pursuant to leave granted on 27 November 1998, the applicant filed a motion on notice whereby he prayed for an order of certiorari to quash the judgment of the Circuit Court, Takwa, given on 16 November 1998.

The judgment sought to be quashed was as follows:

“I sentence the accused to eight years’ imprisonment with hard labour without the option of a fine. He is also ordered to pay ¢74,195,300 to the Produce Buying Co.

The sentence imposed on the accused is, however, suspended for one month and subject to the accused failure[sic](1) to pay the debt. His liability to pay the debt shall however not be affected if the sentence is served.”

From there that court proceeded to grant bail to the applicant and the case was adjourned from 15 October 1998 to 16 November 1998. On 16 November 1998. On 16 November 1998 it was noted that the applicant had not been able to make any payment. A committal warrant was therefore ordered to be issued and dated from 1 September 1998 when he was arres…

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