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REPUBLIC V. TEMA DISTRICT MAGISTRATE GRADE I; EX PARTE AKOTIAH

(1987) JELR 69924 (HC)

High Court  •  13 Jul 1987  •  Ghana

Coram
AGYEPONG J.

Appearances
AKOTIAH IN PERSON FOR HIMSELF AND THE OTHER APPLICANTS,W. AMARFIO FOR THE INFORMANT.

Judgement

AGYEPONG J.

On 6 April 1978, Nene Akrofi Kubi III, hereinafter referred to as the informant, laid an information by motion ex parte under section 22 of the Criminal Procedure Code, 1960 (Act 30), before the District Court Grade I, Tema, presided over by His Worship Nana Assibey-Yeboah, District Magistrate Grade I, against the applicants herein praying the court to call upon the applicants herein to show cause why they should not be ordered to, execute a bond for keeping the peace.

Section 22 of Act 30 provides:

ā€œ22. (1) Whenever a District Magistrate is informed on oath that any person is likely to commit a breach of the peace or disturb the public peace, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public peace, the Magistrate may require him to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period as the Magistrate thinks fit.
(2) Proceedings shall not be taken under this s…

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