Ratio Decidendi


(1973) JELR 63589 (HC)    
High Court  ·  20 Sep 1973 ·  Ghana
Other Citations
[1973] 2 GLR 480

Ratio Decidendi

Core Terms Beta
united states
false pretences
first applicant
good faith
learned judge
second applicant
community national bank
exhibit b
general cocoa company
great britain
international practice
american citizen
international law
market price
own use
assistant united states attorney
black company
bulk of the shipment
business transaction
character of the crime
circuit court
citizens of ghana
cocoa business
counsel’s contrary contention
counter offer
country’s cocoa
criminal code
district court
extradition of the applicants
ghana government
government of the united states of america
half of the purchase price
judge andoh
mr. alfredo makudo nanga
number of offences
order of the chief justice
pages of typescript
painstaking ruling
person orders
probable presumption of guilt of the offence
promises of payment
public property
question of double criminality
short camara
short time
state of new york
such permission
united states government
unyielding argument


Some time in February this year, the Government of the United States of America requested of the Ghana Government the extradition for trial in that country, of the two applicants who are husband and wife. They were accused of a number of offences, the most prominent of which is fraud by false pretences. Accordingly, they were apprehended in this country on a warrant signed by a district magistrate and charged on two counts of fraud by false pretences. Proceedings to extradite them were accordingly commenced before the district court. The proceedings, by order of the Chief Justice, were transferred to the circuit court where they were heard and concluded before Judge Andoh (as he then was) on 29 August 1973. Objection to the extradition of the applicants was taken on a great many grounds, some of law, others of mixed fact and law and others on the facts. In a careful and very painstaking ruling which ran into twenty pages of typescript the learned judge dealt with the poi…

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