[1987]DLHC1202 • July 13, 1987 • High Court
REPUBLIC vs. TEMA DISTRICT MAGISTRATE GRADE I; EX PARTE AKOTIAH
The informant, Nene Akrofi Kubi III, alleged that the applicants were preparing to install a rival Ada Mantse at the traditional purification shrine 'Kuenya' contrary to custom and in defiance of the newly installed Ada Mantse. The informant feared this would likely lead to a breach of the peace. The District Magistrate granted an order requiring the applicants to show cause why they should not execute bonds to keep the peace and refrain from installing the rival chief.
read moreJUDGMENT OF AGYEPONG J. On 6 April 1978, Nene Akrofi Kubi III, hereinafter referred to as the informant, laid an information by motion ex parte under section 22 of the Criminal Procedure Code, 1960 (Act 30), before the District Court Grade I, Tema, presided over by His Worship Nana Assibey-Yeboah, District Magistrate Grade I, against the applicants herein praying the court to call upon the applicants herein to show cause why they should not be ordered to, execute a bond for keeping the peace. Section 22 of Act 30 provides: “22. (1) Whenever a District Magistrate is informed on oath that any person is likely to commit a breach of the peace or disturb the public peace, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public peace, the Magistrate may require him to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period as the Magistrate thinks fit. (2) Proceedings shall .....