Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1999) JELR 63708 (CA)    
Court of Appeal  ·  18 Mar 1999 ·  Ghana
Other Citations
[1999-2000] 1 GLR 149

Ratio Decidendi

Core Terms Beta
trial circuit tribunal
circuit tribunal
interlocutory appeal
regional tribunal
unlawful damage
gbadegbe j
good faith
prima facie case
said facts
absence of any express statutory limitation
appellate court
appellate jurisdiction
arguable points
ashanti circuit
civil action
civil jurisdiction
court of appeal
criminal code
criminal matters
criminal procedure code
cross examination
determination of the issuesic
end of its case
existence of the said ingredients
following words
grounds of appeal
interlocutory appeal raises
issue of claim
issue of the jurisdiction of the trial court
jurisdiction of this court
meaning of the provisions of this code
mere fact of possession of part
opinion raise
particulars of the offence
person accused of a crime
questions of title
real question
result of cross-examination
said delivery
said ruling of the trial court
such matters
thorough perusal of the record of proceedings
trial court
tribunal ought

GBADEGBE J. (Delivered the first judgment at the invitation of Ofori-Boateng JA.)

On 3 September 1996, the appellants were arraigned before the Circuit Tribunal, Kumasi on a single count of causing unlawful damage. The particulars of the offence laid under section 172 of the Criminal Code, 1960 (Act 29) were that: “... For that you on 21 January 1996 at Abrefo in the Ashanti circuit and within the jurisdiction of this court, did unlawfully cause damage to a building plot being the property of one Akwasi Afriyie.” Upon their arraignment the appellants pleaded not guilty whereupon the case proceeded to a trial. The prosecution tendered its evidence and at the end of its case, learned counsel for the appellant submitted that there was no case to answer, which submission not having found favour with the trial court was overruled and the appellants called upon to enter into their defence.

Following the said ruling of the trial court, the appellants claiming that they were aggrieved lodged a…

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