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REPUBLIC V. THE DISTRICT MAGISTRATE, PRESTEA; EX PARTE NKANI

(1987) JELR 84743 (HC)

High Court  •  29 May 1987  •  Ghana

Coram
ADJABENG J.

Appearances
H. Bodza-Lumor For the Defendant-Applicant. K. Osae-Brenu For the Plaintiff person interested.

Judgement
<p style="text-align: justify;"><strong>ADJABENG J. </strong></p><p style="text-align: justify;">This is an application for the prerogative orders of certiorari and prohibition. The facts are as follows: By a writ of summons issued at the District Court Grade II, Prestea on 2 May 1986 one Emmanuel Kofi Stephen took action against the applicant herein and one other person claiming:</p><blockquote><p style="text-align: justify;">“cash the sum of ¢25,000 damages against the defendants jointly and severally for unlawful arrest and detention at the Prestea Police Station by the defendants on 21 October 1985 from 7 am to 8 am on orders of the defendants herein.&quot;</p></blockquote><p style="text-align: justify;">According to the certificate of proof made on the said writ of summons, the writ was served on the defendants on 2 and 5 May 1986 at 5.25 pm. The applicant herein, Peter Nkani, was described in the writ of summons as Boye Ayigbe.</p><p style="text-align: justify;">According to the writ of summons, the defendants were to appear in court on Tuesday, 13 May 1986. There is no record of what happened at the court on that day. The record on 22 May 1986, however, shows that the plaintiff, Ernmanuel Kofi St…</p>

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