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ISSIFU MALI V. THE REPUBLIC

(1975) JELR 65114 (HC)

High Court  •  3 Nov 1975  •  Ghana

Coram
MENSA BOISON J.

Judgement

MENSA BOISON J.

The appellant, a Malian, was found to have bought a quantity of maize of about 22 cocoa sackfuls besides a sizeable quantity of drying mats, at Abesim, a village six miles from Sunyani. There was evidence that the maize had been bought by the appellant with the intention to re-sell at some later time.

On his conviction and sentence by the Circuit Court, Sunyani, “for being as an alien engaged in petty trading on about 19 August 1973,” he has by counsel appealed to this court. The offence was contrary to the Ghanaian Business (Promotion) Act, 1970 (Act 334), s. 15 (a), which provides as follows:

“Notwithstanding anything in this Act, it shall not be lawful for any alien to engage in or be concerned with— (a) petty trading, (b) hawking, or (c) selling from a kiosk, in any place in Ghana.”

First to be argued was that the evidence adduced could not support the conviction. It is said that “to trade” or “trading” means buying and selling and that the appellant would only offend …

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