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(2002) JELR 65211 (HC)

High Court  •  14 Feb 2002  •  Ghana




Dotse J.

On 17 December 2002 learned counsel for the defendants, Constantino Kudzedzi, raised a preliminary legal objection to the effect that once the plaintiffs in the instant suit are facing a charge of stealing and or conspiracy which is a felony before a court in Accra on initially the same facts, the civil aspect of the matter which is before this court cannot proceed until the completion of the criminal aspect.

Replying, learned counsel for the plaintiffs, Mrs Acheampong, submitted that there is no rule of law or procedure that you cannot proceed with the criminal and civil aspect of a case contemporaneously.

On 18 December 2002 I overruled the said objection and stated that I will deliver my detailed reasons later. By the said ruling, I must be understood to have decided that the instant suit can proceed at the same time that the prosecution of the criminal case is proceeding.

Admittedly, the facts upon which the plaintiffs have mounted the instant action are the same fac…

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