KWAME TWUM v. YAA AGYEIWAA

In this appellate judgment, Windsor-Aubrey, J. reviews a challenge arising out of the Asantehene’s “A1” Court’s attempt to comply with an earlier retrial order. Counsel for the appellant advanced supplementary grounds contesting the legality of the retrial and, more broadly, the correctness of Jackson, J.’s 3 July 1950 directive that the matter be retried in the “A1” Court’s original jurisdiction. The court declines to revisit Jackson, J.’s ruling because no appeal was taken and it lacks power to reverse that decision. Turning to the retrial itself, the judge explains that a retrial must be heard de novo; it is not permissible merely to place the prior record before the court and add further evidence. Except for impeaching contradictions in cross-examination, prior statements from the earlier proceedings should play no role. If a superior court intends only the taking of more evidence, it may so order, but that was not the case here. Because the “A1” Court failed to conduct a true retrial, its proceedings are a nullity, and the matter is remitted for a lawful retrial, with costs to be addressed after hearing counsel.