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ROBERTS V. THE REPUBLIC

(1968) JELR 83465 (HC)

High Court  •  3 Dec 1968  •  Ghana

Coram
ANNAN J.

Appearances
L. B. Akainyah for the applicant. C. S. K. Agbenu, Assistant State Attorney for the respondent.

Judgement
<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify;"><strong>ANNAN J</strong>.</p><p style="text-align: justify;">The applicant was surety for one Kojo Kyei who was on trial before the district court. Kojo Kyei absconded when he was on bail and as a result the court made an order of forfeiture against the applicant of the sum of N¢100.00 expressed on the applicant&#x27;s recognisance. Subsequently the personal effects of the applicant were seized under a writ. Soon afterwards the absconding accused was apprehended. An application was then made on behalf of the applicant to the trial court to secure the release of the properties of the applicant from attachment. That application was refused. The applicant then made this application to this court by way of motion.</p><p style="text-align: justify;">The order of the trial court was made in terms of section 104 of the Criminal Procedure Code, 1960 (Act 30), and by section 105 thereof as amended by the Criminal Procedure Code (Amendment) (No. 2) Act, 1962 (Act 116), s. 3: </p><p style="text-align: justify;">&quot;All orders passed under section 104 by any Magistrate shall be appealable to and may be reviewed: by the…</p>

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