Rex V. Kwamina Nyan And Twenty-three Others (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal procedure,Turisdiction—Order of transfer under section 28 of Chapter 4-Errors of venue under section 48 of Chapter 4.

Facts

In the Court below it was held that on an order of transfer under section 2S of Chapter 4, the whole power of investigation is transferred and this enables the Magistrate to amend• the original charges and accept new ones arising out of the same transaction, and that the question is governed by section 48 of Chapter 4 which lays it down that no acts of a Magistrate shall be affected by errors as to venue. It was further held that an informatiOn having been filed the Supreme Court bad jurisdiction.

Held

This decision was upheld in the Court of Appeal, section 48 of Chapter 4 being conclusive.

But in that case the attention of the Court was not drawn to tile provisions of section 48 of Chapter 4 and they were clearly overlooked.