Republic Vrs Kwabena Appiah [2022] GHACC 249 (10 October 2022)

Republic Vrs Kwabena Appiah [2022] GHACC 249 (10 October 2022)

The accused person failed to prove he had authority to grant the land at the time of the transaction. No evidence was produced of any post-judgment agreement with the true owner, nor was the owner's participation in the transaction established. The prosecution proved beyond reasonable doubt that the accused person purported to make a grant of land without authority.

Citation
[2022] GHACC 249
Parties
Prosecution: The Republic; Accused Person: Kwabena Appiah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
10 October 2022
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentence
Legal Topics
Fraudulent Land Grant, Authority to Convey Land, Burden of Proof in Criminal Cases
Source Language
English
Criminal Law Land Law Fraudulent Land Grant Authority to Convey Land Burden of Proof in Criminal Cases

Case Brief

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Parties

The Republic

Prosecution

Kwabena Appiah

Accused Person

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused person purported to make a grant of land without authority under Section 277(2)(b) of the Land Act, 2020 (Act 1036)
  2. 2 Whether the accused person raised a reasonable doubt as to his guilt by proving authority to grant the land

Ratio Decidendi

The accused person failed to prove he had authority to grant the land at the time of the transaction. No evidence was produced of any post-judgment agreement with the true owner, nor was the owner's participation in the transaction established. The prosecution proved beyond reasonable doubt that the accused person purported to make a grant of land without authority.

Court Disposition

Conviction and sentence

Orders

  • Accused person convicted under Section 277(2)(b) of the Land Act, 2020 (Act 1036) and sentenced to 10 years imprisonment.
  • In the alternative, accused may pay USD355,000 to the complainant and serve a reduced sentence by paying a fine of 7,500 penalty units or serve 7 years imprisonment in default of the fine.