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ZUTA II AND OTHERS V. THE REPUBLIC

(1975) JELR 63532 (HC)

High Court  •  19 Dec 1975  •  Ghana

Coram
LAMPTEY AG.J.

Judgement

LAMPTEY AG. J.

This is an appeal by Nene Agbashie Zuta II for himself and on behalf of fourteen others by way of petition which showeth as follows:

“(1) That your petitioner was convicted by Moses Abakah, the magistrate at Tema, on 24 September 1973 for having on 18 December 1972 conducted themselves in a manner prejudicial to public peace and order ... and was sentenced to sign a bond to be of good behaviour for twelve months ...”

The appeal was expressed to be made pursuant to section 326 of the Criminal Procedure Code, 1960 (Act 30). It is pertinent at this stage to state the provisions of section 326 of Act 30. It provides:

“326. (1) Every appeal shall be made in the form of a petition in writing presented by the appellant ... and every such petition shall ... be accompanied by a copy of the judgment or order appealed against.”

At paragraph 3 of the said petition appears the following matters:

“(3) That your petitioner is aggrieved by the said conviction (or order) of the said magistra…

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