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REPUBLIC
V.
DISTRICT MAGISTRATE GRADE II, DUAYAW NKWANTA; EX PARTE NIMO AND ANOTHER

(1973) JELR 63576 (HC)

High Court 31 Oct 1973 Ghana
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- This case involves an application for an order of prohibition against a District Magistrate Grade II to prevent him from hearing a criminal charge of stealing. - The charge of stealing is related to a dispute over the inheritance of certa

Case Details

Judges:OSEI-HWERE J.
Counsel:DR. OHENE DJAN FOR THE APPLICANTS; C. S. K. AGBENU SENIOR STATE ATTORNEY FOR THE REPUBLIC.
Other Citations:[1974] 1 GLR 136

OSEI-HWERE J.: This is an application for an order of prohibition to be directed against the District Magistrate Grade II, Duayaw Nkwanta, to forbid him from hearing and determining a criminal charge of stealing against the accused-applicants (hereinafter referred to as the applicants) now pending before the District Court Grade II, Duayaw Nkwanta. The affidavit and the statement in support of the notice disclose that some time in May 1972, one Kwasi Broni of Yamfo who claims to be a member of the family of one Kwadwo Nkrumah, deceased, issued a writ of summons in the High Court, Sunyani, against the first applicant and another person claiming that the first applicant is not the rightful person to inherit Kwadwo Nkrumah and he also claimed a declaration of title to certain landed properties and cocoa farms alleged to be the properties of the deceased. After pleadings in the suit had closed Kwasi Broni applied for and was granted an order of interim injunction over the cocoa farms in d…

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