Ratio DecidendiRatio DecidendiRatio Decidendi



REPUBLIC
V.
TSIKATA

(2005) JELR 69872 (HC)    
High Court  ·  25 Jul 2005 ·  Ghana
 · 
Other Citations
[2003-2005] 1 GLR 336
CORAM
HENRIETTA ABBAN JA

Ratio Decidendi

Core Terms Beta
court
rule
case
proceedings
attorney-general
instant case
supreme court
chief justice
court of appeal rules
courts act
favour of the accused
high court
judicial power
nolle prosequi
oral application
particular court
stay of proceedings
accused person
concurrent jurisdiction
county of london quarter sessions
court order
determination of a law suit
exercise of the judicial power
ex parte downes
final determination of an appeal
final judgment
further trial
general principles of the criminal law
habeas corpus
high court judge
hl lord edmund-davies
inherent power
judge of the circuit court
justice of the case
justice of the superior court
leg of the argument
lord goddard cj
month of such determination
none of these situations
rare cases
special circumstances
substance of form
support of the said application
supreme court rules
words of osei-hwere j

JUDGEMENT

HENRIETTA ABBAN JA.

The accused person, has through his counsel, made an oral application in this court praying the court to stay proceedings in this case pending the hearing and determination of a law suit and an interim injunction which he has filed at another High Court with concurrent jurisdiction against the Chief Justice and the Attorney-General.

The general principles of the criminal law as stated by Lord Goddard CJ in R v. Chairman, County of London Quarter Sessions; Ex parte Downes [1954] 1 QBJ at 6, DC are that:

“Once an indictment is before the court, the accused must be arraigned and tried thereon unless
(a) on motion to quash ...it, is held defective in substance of form ...;
(b) matter in bar is pleaded and the plea is tried or confirmed in favour of the accused;
(c) a nolle prosequi is entered by the Attorney-General, which cannot be done before the indictments found; or
(d) if the indictment disclosed an offence which a particular court has no jurisdiction to try…
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