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REPUBLIC
V.
MAIKANKAN AND OTHERS

(1973) JELR 67027 (CA)

Court of Appeal 22 Jun 1973 Ghana
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- The Court of Appeal held that a criminal trial need not be adjourned indefinitely due to the absence of defence witnesses, even if they have been duly served with subpoenas but cannot be traced. - The decision to adjourn is a matter of ju

Case Details

Judges:AZU CRABBE C.J,LASSEY JA,KINGSLEY-NYINAH J.A.
Counsel:AKYEA-DJAMSON FOR THE ACCUSED; ASAMOAH SENIOR STATE ATTORNEY FOR THE REPUBLIC.

AZU CRABBE C.J.

Section 95 (3) (b) of the Courts. Act, 1971 (Act 372), under which Aboagye J. has stated this case for our consideration reads as follows:

“(3) A judge of the High Court ... may at any time before judgment -
(b) ... on the trial of any criminal case ... reserve for the consideration of the Court of Appeal on a case stated by him any question of law which may arise in the trial.”

The case stated is as follows:

“The ten accused persons were on 20 May 1971, committed by His Worship Mr. E. T. A. Torto, District Magistrate, to the High Court, Accra for trial on charges of conspiracy to defraud contrary to sections 23 (1) and 131 of the Criminal Code, 1960; defrauding by false pretences contrary to section 131 of the Criminal Code, 1960; forgery of document contrary to section 158 of the Criminal Code, 1960; uttering forged document, contrary to section 169 of the Criminal Code, 1960; and making illegal payments outside Ghana contrary to section 6 and paragraph 5 (1) of Part …

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