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(1966) JELR 67641 (HC)

High Court  •  25 Feb 1966  •  Ghana




The respondent was charged with careless driving under section 18 (1) of the Road Traffic Ordinance, 1952. The particulars of the charge or offence were that on 1 July 1965 at University Road, Cape Coast, in the Cape Coast magisterial district, he did drive a certain motor vehicle No. GE 6449 on the road without due care and attention.

At the trial the respondent pleaded not guilty and his counsel raised the point which according to the record of proceedings reads:

“Counsel raises the point that the ‘University Road’ is not a public road and cites Buchanan v. Motor Insurers’ Bureau [1955] 1 All E.R. 607. This court could not agree less than what McNair J. has said in that case. This court is bound to follow.”

In the circumstances the accused was acquitted and discharged. The State has appealed against the acquittal of the respondent on the ground that the learned magistrate erred in holding that the University College of Cape Coast roads are not roads for the purposes of the Ro…

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