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THE REPUBLIC
V.
CIRCUIT COURT ACCRA & ANOR. EX-PARTE: KUDJO ANKU & ORS.

(2016) JELR 107387 (HC)

High Court 2 Jun 2016 Ghana
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- High Court’s prior judgment quashing criminal proceedings as being civil in nature was set aside as void for want of jurisdiction; judicial review was improperly used to truncate the criminal trial absent any breach of jurisdictional or p

Case Details

Suit Number:HRCM/145/13
Judges:DENNIS ADJEI
Counsel:E. A. Vordoagu Esq with him Livingstone Amevor Esq for the Respondents/Applicants; Charles Bentum Esq for the Applicant/Respondent.

JUDGMENT

ADJEI, J.

The Interested Party herein is praying this Court to set aside its judgment delivered on 9th July, 2014 as void. The brief facts of the case are that the Respondents herein took loans from certain people including the interested party/Applicant herein to expand their business. The Respondents failed to pay the sums of money it took from those people. The matter was reported to the police and the police after their fullest independent investigation into the matter preferred charges inter alia, defrauding by false pretence against the Respondents. The Respondents dissatisfied with the criminal offence preferred against them brought an application to this Court to question the procedural fairness and the lawfulness in preferring criminal charges and in prosecuting them in the criminal court in respect of the transaction which to them was purely contractual and ought to be handled in Civil Court.

The offences preferred against the Respondents before the …

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