The Republic Vrs Christian Kpakpo Abossey [2023] GHACC 457 (3 April 2023)

The Republic Vrs Christian Kpakpo Abossey [2023] GHACC 457 (3 April 2023)

The Bench Warrant was wrongfully issued as the accused was not properly served with criminal summons. The application to dismiss or stay proceedings is premature as the case has not properly commenced before the court.

Citation
[2023] GHACC 457
Parties
Prosecutor: The Republic; Accused: Christian Kpakpo Abossey
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
3 April 2023
Procedural Posture
Criminal / Ruling on Application to Discharge Bench Warrant and Dismiss or Stay Proceedings
Outcome
Bench Warrant discharged; application to dismiss or stay proceedings dismissed as premature
Legal Topics
Bench Warrant, Service of Summons, Stay of Proceedings, Unlawful Damage
Source Language
English
Criminal Law Criminal Procedure Bench Warrant Service of Summons Stay of Proceedings Unlawful Damage

Case Brief

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Parties

The Republic

Prosecutor

Christian Kpakpo Abossey

Accused

Procedural Posture

Criminal / Ruling on Application to Discharge Bench Warrant and Dismiss or Stay Proceedings

Legal Issues

  1. 1 Whether the Bench Warrant issued against the accused should be discharged
  2. 2 Whether the case should be dismissed or proceedings stayed pending Supreme Court determination of allodial ownership

Ratio Decidendi

The Bench Warrant was wrongfully issued as the accused was not properly served with criminal summons. The application to dismiss or stay proceedings is premature as the case has not properly commenced before the court.

Court Disposition

Bench Warrant discharged; application to dismiss or stay proceedings dismissed as premature

Orders

  • Bench Warrant against Christian Kpakpo Abossey is discharged
  • Prosecution to serve accused with summons to enable plea taking