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ALIPUI AND OTHERS v. THE REPUBLIC

1990

HIGH COURT

GHANA

CORAM

  • MENSAH J

Areas of Law

  • Criminal Law and Procedure
  • Property and Real Estate Law

AI Generated Summary

In this criminal appeal, MENSAH J considered whether section 180 of the Criminal Procedure Code required the District Magistrate Court in Keta to discharge appellants who, on the day the Circuit Court in Denu awarded title to their paternal aunts, entered the disputed land and destroyed the complainant’s property. Appellants argued that a bona fide question of title ousted the magistrate’s jurisdiction. The Republic countered that appellants had no direct title and were not parties to the civil suit. The judge interpreted “bona fide question of title” as a good‑faith claim of right cognizable in law and emphasized that magistrates must rely on evidence, not mere assertions. Because the civil judgment on title was under appeal, the court avoided potential injustice and ordered the District Magistrate Court to stay proceedings until the appeal determines ownership.

Judgement