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OHENE-DJAN V. ATTORNEY-GENERAL

(1978) JELR 69299 (HC)

High Court  •  19 Jun 1978  •  Ghana

Coram
AMUA-SEKYI J.

Appearances
PETER ADJETEY AND D.O. LAMPTEY FOR THE PLAINTIFF; F.E. CREPPY PRINCIPAL STATE ATTORNEY FOR THE DEFENDANT.

Judgement

AMUA-SEKYI J.

The writ issued by the plaintiff, Dr. Ignatuis Lawrence Ohene-Djan, is endorsed with the following relief:

“The plaintiff’s claim is for: an order of declaration that the plaintiff’s trial for murder and subsequent conviction of manslaughter on 11 August 1975 is a nullity, void or voidable at the instance of the plaintiff as being contrary to law and fair trial; and constitute such legal irregularity which has occasioned a substantial miscarriage of justice, thus such conviction, sentence and warrant of imprisonment be declared null and void, cancelled and set aside.”

It was accompanied by a statement of claim in the material parts of which the plaintiff averred as follows:

“(3) That the plaintiff states that on or about 9 May 1975, the plaintiff was arrested at Sunyani by the police and subsequently accused of an offence of murder together with one other person.

(4) The plaintiff states that the then Chief Justice transferred the case from Sunyani to be tried in the Accra …

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