REPUBLIC VRS MENSAH (D1/43/2021) [2023] GHACC 756 (23 November 2023)
The prosecution failed to prove beyond reasonable doubt that the damage was caused without just cause or excuse, or that the fence wall was lawfully on land belonging to the complainant. The accused's explanation was reasonable and the equities were even between the parties.
- Citation
- [2023] GHACC 756
- Parties
- Prosecution: The Republic; Accused: Daniel Mensah @ Gban; Accused: Appiah Mensah; Accused: Robert Mensah @ Oko; Accused: Evans Afriyie
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 23 November 2023
- Case Number
- D1/43/2021
- Procedural Posture
- Criminal / Judgment
- Outcome
- Acquittal
- Legal Topics
- Unlawful Damage, Conspiracy, Land Ownership, Intent, Justification
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Daniel Mensah @ Gban
Accused
Appiah Mensah
Accused
Robert Mensah @ Oko
Accused
Evans Afriyie
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused caused unlawful damage to property without just cause or excuse
- 2 Whether the prosecution proved ownership of the land by the complainant
- 3 Whether the accused acted with intent as required under section 11 of Act 29
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the damage was caused without just cause or excuse, or that the fence wall was lawfully on land belonging to the complainant. The accused's explanation was reasonable and the equities were even between the parties.
Court Disposition
Acquittal
Orders
- A4 is acquitted of the charge of causing unlawful damage.
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