(1972) JELR 63706 (HC)    
High Court  ·  14 Apr 1972 ·  Ghana
Other Citations
[1972] 2 GLR 148
Core Terms Beta
high court
close of the case
right of appeal
interlocutory matters
celebrated case of state v
conclusion of the prosecution
criminal code
criminal matters
criminal procedure code
decision of an inferior tribunal
decision of this court
determination of the appeal
district court
district magistrate
effect of the courts of place
essential element
following considerations
francois j.
interlocutory matter
kassena case
learned chief justice
learned chief justice’s further declaration
learned magistrate
long line of decisions
matter of practice justices
moot point
neither lord parker c.j.
none of the numerous decisions
notice of appeal
offensive weapons
options of an aggrieved person
past years
principle of law
question of appeal
result of cross-examination
s.c. there azu crabbe j.s.c.
simple reason
stage convict
state of the law
subsequent legislation
unsuccessful submission of no case
whole tenor of that section

FRANCOIS J.: The applicants were allegedly charged with rioting with offensive weapons contrary to section 199 of the Criminal Code, 1960 (Act 29). It appears that at the conclusion of the prosecution’s case the learned magistrate called on the applicants to enter upon their defence. The applicants, being aggrieved by this ruling, filed a notice of appeal in the High Court, and applied to the district magistrate to stay proceedings. This was refused and the applicants have brought this application seeking an order to stay proceedings in the district court until the determination of the appeal pending before the High Court; and a decision of this court has consequently been sought.

The applicants urge that the charges as laid could not be supported by the evidence and therefore a ruling compelling them to lead evidence was wrong. The applicants further claim the right of appeal on an interlocutory matter under section 324 of the Criminal Procedure Code, 1960 (Act 30) [which is set out i…

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