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JUDGMENT
Michelin, J.
On the 4th April, 1930, on a motion exparte made to the Divisional Court of Accra by Mr. A. M. Akiwumi Counsel for the defendant, one E. V. Adams, who is at present undergoing a sentence of four months imprisonment in the James Fort Prison under a writ of Ca.,Sa. issued by the District Commissioner of Koforidua, for the issue of a writ of habeas corpus adsubjiciendum the following order was made by Mr. Justice Sawrey-Cookson :-
"Court at first disinclined to make the order but as there will " be shown to be a technical error on the face of the writ of Ca. Sa.
" which might be held to render that writ bad, the order will be
" made in the terms of the motion paper that writ of habeas corpus
"will issue returnable at Counsel's request on Saturday the 12th
"instant."
A writ of habeas corpus nisi was thereupon issued by the Court directed to the Prison Superintendent of Accra, directing him to bring before the Court on Saturday the 12th April, 1930, at 8.30 in the forenoon, the body of the said E. V. Adams, detained under his custody, together with the day and cause of his being so detained, to undergo and receive all such things as the Court might then order.
This writ was served personally upon the said Prison Superintendent on the 7th April, 1930, and a copy of the said writ was on the 8th April, 1930, served upon the Agent of the plaintiff at Koforidua in obedience to the order of the Court.
On the application to make the order " Nisi " absolute coming on for hearing before me on the 12th April, 1930, Mr. Akiwumi appeared on behalf of the applicant, and Mr. Crabbe on behalf of the plaintiffs.
The prisoner was brought before the Court by a prison warder who produced the warrant of commitment, signed by Mr. A. Drake Brockman, Acting District Commissioner, under the authority of which the prisoner was detained in custody.
By consent of Counsel on each side, this warrant of commitment was accepted as the Return to the said Writ, and was admitted in evidence as Exhibit "A."
This warrant reads as follows:-
" Between {(" F.and A.Swanzy,Ltd. " ----" Plaintiffs. " " E.V.Adams " -------" Defendant. " )
"To the Sheriff-
"You are hereby commanded in His Majesty's name forthwith " to take and arrest E. V. Adams and him to deliver to the Keeper
" of the Prison at James Fort, Accra, there to be imprisoned for
"four months unless he sooner satisfy the said F. and A. Swanzy
"Ltd. £82 6s. 3d. which sum lately in the above-mentioned suit
"was d