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REPUBLIC v. AKWAPIM-MAMPONG DISTRICT COURT GRADE II AND OTHERS; EX PARTE DJANIE AND OTHERS

1989

HIGH COURT

GHANA

CORAM

  • AMMAH J

Areas of Law

  • Criminal Law and Procedure
  • Administrative Law

AI Generated Summary

Ammah J. heard an application by Ashie Djanie, David Kotey Djanie, and Amasah Djanie seeking certiorari and prohibition against a District Magistrate at Mampong-Akwapim concerning Criminal Case No. 311/88 for offensive conduct under section 207 of Act 29. The applicants claimed that a bona fide land title issue under section 180 of Act 30 ousted the magistrate’s jurisdiction; that ordering them to open their defence contravened the statute; that refusing a no-case submission violated fair hearing; and that the magistrate exhibited bias. Their counsel invoked a 1979 District Court Teshie judgment (Djanie Abose v. Amon Kotey) to support a family land claim. The court held the district court had jurisdiction, found no bona fide title question raised by the accused, clarified that Act 30 provides no statutory right to a no-case submission and no obligation to give reasons at the section 174 stage, rejected the bias allegation, emphasized certiorari’s limited scope, dismissed the application, directed the criminal case to proceed, and awarded ¢30,000 costs to the second respondent.

JUDGEMENT