Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



YEBOAH ALIAS KRAMO
V.
THE REPUBLIC

(1987) JELR 63709 (HC)    
High Court  ·  17 May 1987 ·  Ghana
 · 
Other Citations
[1979] GLR 22
CORAM
MENSAH BOISON J.

Ratio Decidendi

Core Terms Beta
section
person
arrest
appeal
criminal procedure code
insulting court
bias
civil case
district court
facts
following words
ground of appeal
ground of bias
local limits of his jurisdiction
natural justice
breach of the rules of natural justice
charge sheet
circuit court
civil suit
conclusion of the judgment
convict person
cottle v
courts act
criminal matters
criminal offences
current practice
district court grade ii
district magistrate
first ground
fundamental procedural law
high court
jurisdiction of the magistrate
juvenile court
magistrate’s direction
mensa boison j.
mr. manu
nemo debit esse judex
particulars of offence
powers of a magistrate
prerogative orders
presence of a district magistrate
presence of any person
presence of the court
presiding magistrate
question of fact
reasonable suspicion of bias
subject of a criminal charge
view of certain aspects of the submissions
west african court of appeal
wide range of grounds

MENSA BOISON J.

The appellant was a litigant in a civil case before the District Court Grade II, Duayaw Nkwanta. At the conclusion of the judgment therein, delivered by the presiding magistrate and which went against him, the appellant was alleged instantly, in the presence of the court, to have uttered the following words: “You have not judged the case according to law.” Thereupon the appellant was arrested, apparently at the magistrate’s direction, and the next day those words formed the subject of a criminal charge of “insulting court” contrary to section 224 of Act 29, before the same magistrate. The particulars of offence read:

“Kwame Ali farmer, for that you on the 14th day of February 1978 at D/Nkwanta ... did insult the court after judgment had been given against you in a civil suit by uttering the following words at the top of your voice while the court was in session thus ‘You have not judged the case according to law’.”

The appellant according to the record pleaded guilty to …

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