Customer Support

REPUBLIC
V.
TEMA DISTRICT MAGISTRATE GRADE I; EX PARTE AKOTIAH

(1987) JELR 69924 (HC)

High Court 13 Jul 1987 Ghana
BriefBot icon

BriefBot Summary

Free

- The High Court quashed a magistrate’s order requiring applicants to show cause why they should not execute bonds to keep the peace, holding that there was no evidential basis that their actions would themselves be violent or breach the pe

Case Details

Judges:AGYEPONG J.
Counsel:AKOTIAH IN PERSON FOR HIMSELF AND THE OTHER APPLICANTS,W. AMARFIO FOR THE INFORMANT.
Other Citations:[1979] GLR 315

AGYEPONG J.

On 6 April 1978, Nene Akrofi Kubi III, hereinafter referred to as the informant, laid an information by motion ex parte under section 22 of the Criminal Procedure Code, 1960 (Act 30), before the District Court Grade I, Tema, presided over by His Worship Nana Assibey-Yeboah, District Magistrate Grade I, against the applicants herein praying the court to call upon the applicants herein to show cause why they should not be ordered to, execute a bond for keeping the peace.

Section 22 of Act 30 provides:

“22. (1) Whenever a District Magistrate is informed on oath that any person is likely to commit a breach of the peace or disturb the public peace, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public peace, the Magistrate may require him to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period as the Magistrate thinks fit.
(2) Proceedings shall not be taken under this s…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.