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IDDISAH V. THE REPUBLIC

(1975) JELR 82788 (CA)

Court of Appeal  •  16 Jun 1975  •  Ghana

Coram
APALOO, ARCHER AND FRANCOIS JJ.A.

Appearances
N. N. Heward-Mills for the appellant. Major A. Johnson for the respondent

Judgement
<p style="text-align: center;"><strong><u>JUDGEMENT</u></strong></p><p style="text-align: justify;"><strong>APALOO J.A. </strong></p><p style="text-align: justify;">Until December 1974, when he suffered the penalty which gave rise to this appeal, the appellant held the rank of major in the Ghana Armed Forces. It is unclear from the evidence what his precise military duties were. What seems clear, however, is that whatever duties the appellant performed, they did not include the purchase of what is now known as &quot;foreign foods&quot; for the army.</p><p style="text-align: justify;">On 20 June 1974, a female petty trader called Ajoke and her daughter called on the appellant at his office. A man called Emma Fugar seems to have put them in touch with the appellant. The trader understood that the appellant was in possession of some goods which were being offered for sale at what was described as &quot;pre-budget prices.&quot; There was some controversy as to what exact understanding was reached between the trader and the appellant. It is however clear that before Ajoke left the appellant, she paid him ยข5,080.00 and it was agreed that she was to return the next day for the &quot;goods.&quot; Aโ€ฆ</p>

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