Ratio Decidendi



ZUTA II AND OTHERS
V.
THE REPUBLIC

(1975) JELR 63532 (HC)    
High Court  ·  19 Dec 1975 ·  Ghana
 · 
Other Citations
[1976] 1 GLR 136
CORAM
LAMPTEY AG.J.

Ratio Decidendi

Core Terms Beta
appellants
appeal
judgment
order
record of proceedings
appellant
offence
court
learned trial magistrate
nene agbashie zuta
others
petitioner
present appeal
view
behalf
charge sheet
copy of the judgment
counsel mr. ayisi labour
court charges
criminal procedure code
criminal trial
decision of the learned trial magistrate
district court
following matters
form of a petition
good behaviour
grant liberty
impression
learned district magistrate
leave of this court appeal
magistrate
merits of the appeal
moses abakah
mr. moses abakah
note of a decision
paragraph
particular section
person
petition of the appellants
public peace
purported appeal
reasons
right of appeal
said conviction
said magistrate
said petition
such petition
use of such expressions
use of the words
way of petition

LAMPTEY AG. J.

This is an appeal by Nene Agbashie Zuta II for himself and on behalf of fourteen others by way of petition which showeth as follows:

“(1) That your petitioner was convicted by Moses Abakah, the magistrate at Tema, on 24 September 1973 for having on 18 December 1972 conducted themselves in a manner prejudicial to public peace and order ... and was sentenced to sign a bond to be of good behaviour for twelve months ...”

The appeal was expressed to be made pursuant to section 326 of the Criminal Procedure Code, 1960 (Act 30). It is pertinent at this stage to state the provisions of section 326 of Act 30. It provides:

“326. (1) Every appeal shall be made in the form of a petition in writing presented by the appellant ... and every such petition shall ... be accompanied by a copy of the judgment or order appealed against.”

At paragraph 3 of the said petition appears the following matters:

“(3) That your petitioner is aggrieved by the said conviction (or order) of the said magistra…
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