High Court sets aside ruling against Akaveli

Kumasi High Court Ruling

A Kumasi High Court has overturned a District Court judgment. The court was presided over by Her Ladyship Dikro Ofori. The case involved Akaveli, a tailor, and the Kumasi Metropolitan Assembly (KMA).

In 2020, the District Court ordered Akaveli to remove his unauthorized structure. This structure was located in front of a cocoa shed in Kumasi. Unsatisfied with this ruling, Akaveli appealed to the High Court.

Akaveli argued that the District Court's judgment lacked evidence. He claimed he did not receive a fair trial, leading to a miscarriage of justice. The High Court agreed with Akaveli's appeal.

Her Ladyship Ofori described the lower court's ruling as legally incorrect. She noted that Akaveli pleaded not guilty during his trial but was still ordered to remove his structure.

The judge stated that the trial magistrate exceeded her jurisdiction by not following proper procedures. According to her ruling, her court has supervisory authority over lower courts under ARTICLE 141 OF THE 1992 CONSTITUTION.

She set aside the District Court's ruling from August 10, 2020. The judge ordered that Akaveli be tried again on the same charges in another District Court.

No costs were awarded in this case. Both counsels submitted written arguments and legal authorities for consideration before the judgment.

Her Ladyship emphasized that appeals are re-hearings of cases. The appellate court can review all records and testimonies from the trial court.

She cited several legal articles and previous cases to support her decision. These included ARTICLE 140(5) OF THE 1992 CONSTITUTION and various sections of the Courts Act.

After reviewing all evidence, she found no record showing that Akaveli had been properly tried according to legal procedures. There was also no indication he changed his plea from not guilty to guilty.

Despite this, on August 10, 2020, the District Magistrate decided to pass judgment against him after he presented a permit obtained during ongoing proceedings. This led to an order for him to remove his unauthorized structure in front of the cocoa shed.