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BAAH v. THE REPUBLIC

1991

HIGH COURT

GHANA

CORAM

  • KPEGAH J.A

Areas of Law

  • Criminal Law and Procedure
  • Civil Procedure

AI Generated Summary

The appeal challenged the trial court’s order to pay the balance of ¢311,900 or serve additional imprisonment after the appellant failed to repay the stolen amount despite multiple adjournments. The appellate court found that under section 147B of the Criminal Procedure Code, civil jurisdiction is invoked only at the sentencing stage, and repayment orders are subject to civil enforcement procedures. The trial court exceeded its jurisdiction by tacking an immediate imprisonment default clause to its order. The appeal was allowed, and the contested order was set aside.

JUDGMENT