Ratio DecidendiRatio Decidendi



THE REPUBLIC
V.
THE CIRCUIT COURT

(2021) JELR 109002 (CA)    
Court of Appeal  ·  H1/8/2017 ·  25 Jun 2021 ·  Ghana
CORAM
JUSTICE VICTOR OFOE (MR.) J.A (PRESIDING), JUSTICE JANAPARE A. BARTELS KODWO (MRS.) J.A., JUSTICE SOPHIA R. BERNASKO ESSAH (MRS.) J.A.

Ratio Decidendi

Core Terms Beta
high court
respondent
conviction
appeal
judgment
application
commercial division
jurisdiction
judicial review
learned judge
penalty units
certiorari application
15th february
circuit court
judgment of the circuit court
years imprisonment
court of coordinate jurisdiction
7th september
judgment of the high court
grounds of appeal
high court judge
decision of the learned judge
sentence of the respondent
support of the motion
24th february
ex parte komeley adams
further grounds of appeal
lordship daniel k. obeng
lower courts
appellant’s view
following grounds
further order
interested party employer of the respondent
licensed gold buyer
modern law of interpretaion
natural state
nature of certiorari
respect of an appeal
respect of this ruling of the high court
ruling of the high court

JUDGMENT 

BARTELS-KODWO J.A.  

This is an appeal by the Respondent/Appellant (to be known here as the Appellant) i. e.  the Republic against the Ruling of the High Court, Tamale dated 24th February, 2017  granting the Applicant/Respondent (to be known here as the Respondent) an  application for Judicial Review in the nature of Certiorari quashing the conviction and  sentence of the Respondent by the Circuit Court, Tamale dated 7th September, 2016.  This conviction had earlier been affirmed by the High Court on 15th February, 2017 in its  judgment in respect of an Appeal by the Respondent on 28th September, 2016 against his  conviction and sentence. 

FACTS 

Upon a complaint by the interested party employer of the Respondent to the police the  Respondent was charged with one count of stealing and put before the Circuit Court,  Tamale. It is the case that the Complainant, a licensed gold buyer installed a machine  for crashing gold bearing rocks at his mine site in Wasipe where he engaged …

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