Ratio DecidendiRatio Decidendi



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

(1987) JELR 69924 (HC)    
High Court  ·  13 Jul 1987 ·  Ghana
 · 
Other Citations
[1979] GLR 315
CORAM
AGYEPONG J.

Ratio Decidendi

Core Terms Beta
breach of the peace
applicants
learned magistrate
disturbance of the peace
informant
others
peace
respondents
criminal procedure code
eastern region house of chiefs
first respondent
high court
learned magistrate’s order
members of the salvation army
principle of law
public peace
unlawful assembly
antagonistic mob
case violence
civil procedure
commissioner of income tax
conduct of the respondents
district court grade
district magistrate
district magistrate grade
eighth respondents
face of the new ada mantse
finding of the justices amounts
full bench of the court of appeal
good reason
informant’s application
installation of the present ada mantse
inter alia
legality of the nomination
main grounds
mere fact
motion ex parte
nene akrofi kubi iii
new ada mantse
order of the learned magistrate
orders of certiorari
previous occasions
said order
similar circumstances
such period
supporting affidavit
taking of the first respondent
third respondents
violent manner
worship nana assibey-yeboah

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 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login