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REPUBLIC V. HALF ASSINI DISTRICT COURT MAGISTRATE GRADE II; EX PARTE WHAJAH

(1968) JELR 83221 (HC)

High Court  •  12 Sep 1968  •  Ghana

Coram
EDUSEI J.

Appearances
J. Mercer for the applicant. S. G. Badoo, Assistant State Attorney, for the respondent.

Judgement
<p style="text-align: center;"><strong><u>JUDGEMENT</u></strong></p><p style="text-align: justify;"><strong>EDUSEI J.</strong></p><p style="text-align: justify;">This is an application by Morkeh Whajah for an order of certiorari to remove into this court the order made by the respondent for the purpose of quashing it. It involves the correct application of section 12 of the Lunatic Asylums Ordinance, Cap. 79 (1951 Rev.). Section 12 is couched in the following words:</p><blockquote><p style="text-align: justify;">&quot;12. Any Magistrate upon the information on oath of any informant to the effect that the informant has good cause to suspect and believe, and does suspect and believe some person within the district of such Magistrate to be a lunatic and a proper subject of confinement, may in any place which he deems convenient examine such suspected person, and in the same place or elsewhere may hold an enquiry as to the state of mind of such suspected person. For the purpose of such enquiry, the Magistrate shall have the same power of summoning witnesses and administering oaths as in a summary trial. Any person so suspected of being a lunatic may, by warrant under the hand of th…</p></blockquote>

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