Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE REPUBLIC
V.
KWABENA DUFFUOR AND 8 OTHERS

(2021) JELR 109058 (HC)    
High Court  ·  CR 0248/2020 ·  22 Jun 2021 ·  Ghana
CORAM
JUSTICE P. BRIGHT MENSAH

Ratio Decidendi

Core Terms Beta
institution
deposit
witness
bank of ghana
nii amanor dodoo
official administration
accused persons
competent witness
duties of the bank
present case
significant shares
arguments of counsel
general rule
receiver of unibank
relevant evidence
supreme court
termination of an official administration
appointment of the official administrator
arguments of the defence
common law jurisdictions
determination of the issue
director of public prosecutions
dissolution of the administration
illegal activities
learned d.p.p
licence of the bank
matter of convenience
natwarlal damodados soni a.i.r
position of the law
pw1 receiver of the bank
rational lawyers
relevant provisions of the law dealing
sets of facts
sides of a case
subject of administration
such illegal appointment
sufficient evidence
years of the determination of the administration

RULING

MENSAH, J.

It has always been said interpretation hounds in pairs. Thus, any rational lawyers on  both sides of a case may perfectly and reasonably come to opposite conclusions on the  same sets of facts without forfeiting their positions to be regarded as reasonable.  However, the reality is that the court has to agree with one conclusion and reject the other,  regrettably.  

What has attracted the above comments is due largely to the passion with which the  lawyers for the accused persons argued their case and the dexterous skills by which the Director of Public Prosecutions (D.P.P) responded to the arguments of the defence legal  team.  

Arguments of Counsel for the Accused persons: 

Premising his arguments on S. 122(8) of the Banks and Specialized Deposit-Taking  Institutions Act, 2016 (Act 930), learned Counsel for the 1st, 2nd and 4th Accused persons,  whose submissions were ably supported by the other lawyers in the defence team, had  argued that the witness for the Prosecu…

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