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

1990

COURT OF APPEAL

GHANA

CORAM

  • ESSIEM
  • AMUAH
  • OFORI-BOATENG JJ.A

Areas of Law

  • Criminal Law and Procedure

AI Generated Summary

The case involves an application from three applicants for a stay of execution of a lower court's decision, an interim injunction for protection against harassment, and an order to stay ongoing criminal proceedings at Mampong District Court. The High Court initially denied their application for certiorari and prohibition. The applicants argue that without a stay, any conviction and imprisonment would make their appeal futile. However, the higher court found no evidence that the Mampong District Court lacked jurisdiction, and decided that even if convicted, the applicants could be bailed, preventing irreparable harm. As such, the applications were dismissed, allowing the criminal proceedings to continue.

JUDGEMENT