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MAXWELL LTD. V. THE REPUBLIC

(1977) JELR 64635 (HC)

High Court  •  29 Jul 1977  •  Ghana

Coram
TAYLOR J.

Judgement

TAYLOR J.: On 23 January 1975, at the District Court Grade I, Mampong—Akwapim, Messrs. R. Maxwell Ltd., a limited liability company, registered under the Companies Code, 1963 (Act 179), stood trial for the following offence contained in one count of a charge sheet:

“STATEMENT OF OFFENCE Impediment in a public highway: section 296 (17) of the Criminal Code, 1960 (Act 29). PARTICULARS OF OFFENCE Messrs. R. Maxwell Ltd., contractors: For that you on 14 October 1974 between mile posts 14 and 15 on the Accra—Aburi motor road in the Eastern Magisterial District and within the jurisdiction of this court, while engaged for the repairs of the said road, did leave heaps of gravel on the road without the consent of the Engineer-in-Chief of Public Works to the obstruction and danger to other users of the said road.”

The facts which gave rise to this charge are that Messrs. Maxwell Ltd., has a contract for the improvement and resealing of the Accra—Aburi road between miles 9 and 15. The contract ent…

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