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COMMISSIONER OF POLICE v. IGHAGHARA

1960

COURT OF APPEAL

CORAM

  • KORSAH
  • C.J.
  • VAN LARE
  • J.A.
  • GRANVILLE SHARP
  • J.A

Areas of Law

  • Criminal Law and Procedure
  • Civil Procedure

AI Generated Summary

The Court of Appeal reviewed a case where a judge in chambers had summarily dismissed an appeal filed by an appellant in custody after the prescribed limitation period. The court held that the judge erred in dismissing the appeal in his executive capacity, as such a decision is judicial in nature. The court emphasized that when an appellant is in custody, they must be given a reasonable opportunity to be heard before an appeal can be summarily dismissed, as per Section 331 of the Criminal Procedure Code. The court also noted the practical difficulties faced by appellants in custody in accessing necessary forms for their petitions. Despite ruling in favor of the appellant on this procedural point, the court ultimately dismissed the substantive appeal by applying the proviso to Section 10(1) of the Court of Appeal Ordinance, 1957.

JUDGMENT