(1976) JELR 63558 (HC)    
High Court  ·  17 Mar 1976 ·  Ghana
Other Citations
[1976] 2 GLR 25
Core Terms Beta
regional commissioner
members of the public
habeas corpus act
public interest
high court
factual situations
order of the court
provisions of section
grounds of the detention
reasonable grounds
allegation of unlawful detention
armed forces
body of the applicant
body of the person
court of appeal
grounds of detention
habeas corpus
local government council
minister of town
provisions of the habeas corpus act
special powers
such action
authority of the regional commissioner
bare ratio decidendi of the house of lords
c.a. barnard j.
circumstances of that case
english decisions
exercise of their powers
existence of the particular state of affairs
final submission
grounds of the detention of the applicant
home secretary
intention of the legislature
objective state of facts
power of arrest
principles of liberty
provisions of the enactment
said section
short affidavit
situations precedent
state attorney
such facts
such palpable injustice
taylor j.
view of lord atkin

TAYLOR J.: Yesterday I heard arguments in this case and because it involves the liberty of the subject, I adjourned for a ruling this morning in order that the matter be dealt with expeditiously. On 5 March 1976, the applicant herein by his solicitor filed an application for habeas corpus under the provisions of the Habeas Corpus Act, 1964 (Act 244). The application was ex parte and it came before me on 9 March 1976. On that day having heard counsel for the applicant and having read the motion paper and supporting affidavit, I made an order directed at the Regional Commissioner to produce the body of the applicant on 12 March 1976 and also to submit a report in writing stating the grounds of the detention of the applicant. I made this order in compliance with the provisions of section 2 of the Habeas Corpus Act, 1964 (Act 244), which is as follows:

“2. The High Court or the Judge thereof to whom an application is made under section 1 of this Act shall immediately enquire into the alleg…

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