REPUBLIC VRS DELA (AR/KD/DC/154/2023) [2023] GHADC 810 (2 October 2023)

REPUBLIC VRS DELA (AR/KD/DC/154/2023) [2023] GHADC 810 (2 October 2023)

The accused failed to abate the nuisance after being served with an abatement notice and continued operating the public toilet under insanitary conditions, thereby committing the offence of public nuisance under Section 56(a) and (b) of the Public Health Act, Act 851 of 2012.

Citation
[2023] GHADC 810
Parties
Prosecution: The Republic; Accused: Bless Dela
Court
District Court
Jurisdiction
Ghana
Judgment Date
2 October 2023
Case Number
AR/KD/DC/154/2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Public Nuisance, Sanitation, Environmental Health, Burden of Proof
Source Language
English
Criminal Law Public Health Law Public Nuisance Sanitation Environmental Health Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Republic

Prosecution

Bless Dela

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused operated a public toilet under insanitary conditions contrary to Section 56(a) and (b) of the Public Health Act, Act 851 of 2012

Ratio Decidendi

The accused failed to abate the nuisance after being served with an abatement notice and continued operating the public toilet under insanitary conditions, thereby committing the offence of public nuisance under Section 56(a) and (b) of the Public Health Act, Act 851 of 2012.

Court Disposition

conviction and sentence

Orders

  • The accused is convicted of public nuisance under Section 56(a) and (b) of the Public Health Act, Act 851 of 2012.
  • The accused is sentenced to pay a fine of 150 penalty units or in default, two weeks imprisonment with hard labour.