[1973]DLHC2325 • May 28, 1973 • High Court
MBRAH vs. JOHNSON
The applicant, Madam Effua Mbrah, was the complainant in a pending criminal case before the Fosu District Court Grade II in which the accused, Kwame Johnson, had been charged with abduction of her daughter. She applied to the High Court for an order transferring the criminal case to either a Circuit Court or a District Court Grade I on the ground that circumstances surrounding the accused’s alleged visit to the trial magistrate’s house and the accused’s subsequent statements created apprehension of bias and fear that the magistrate was interested in the case. The accused opposed the application, contending among other things that the applicant lacked locus standi and that the affidavit evidence was hearsay. [Portion: opening paragraph of ruling; affidavit paragraphs 2–6; opposition affidavit paragraphs 5–10.]
read moreThis application is brought by a complainant in a criminal case pending before the Fosu District Court II praying for transfer of the said case to either the circuit or the district court grade I for trial and determination. The application according to learned counsel for the applicant is brought under sections 20, 100 and 101 of the Courts Act, 1971 (Act 372). The grounds for the application are set out in a six paragraph affidavit sworn to by the applicant which reads as follows: “I, Madam Effua Mbrah of Ateiku in the Central Region of Ghana make oath and say as follows: (1) That I am truly the deponent herein. (2) That I reported a case of abduction of my daughter against the accused, Kwame Johnson of railway station, Assin Fosu about three months ago and the accused has been charged for abduction before the District Court Grade II Assin Fosu. (3) That about a month ago my daughter Margaret Anima saw the accused enter the trial magistrate’s house at about 8 o’clock in th...