The Republic Vrs Nkuah [2023] GHADC 196 (25 April 2023)

The Republic Vrs Nkuah [2023] GHADC 196 (25 April 2023)

The accused carried out physical development and constructed a building without obtaining the required permits, despite being warned and served with notices by the District Assembly. The court found the accused's evidence unreliable and preferred the prosecution's evidence, concluding that the accused breached the law by building without a permit and encroaching on community right of space.

Citation
[2023] GHADC 196
Parties
Prosecutor: The Republic; Accused: Pius Nkuah
Court
District Court
Jurisdiction
Ghana
Judgment Date
25 April 2023
Procedural Posture
Criminal / Judgment
Outcome
Conviction on counts 1 and 3; count 2 struck out
Legal Topics
Building Without Permit, Unauthorized Development, Encroachment on Public Land, Compliance With Planning Procedures
Source Language
English
Land Law Local Government Law Criminal Law Building Without Permit Unauthorized Development Encroachment on Public Land Compliance With Planning Procedures

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Parties

The Republic

Prosecutor

Pius Nkuah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused is guilty of prohibition of development without permit under Section 117(2) of Act 925
  2. 2 Whether the accused is guilty of building permits and unauthorized buildings under Section 106(1) of Act 936

Ratio Decidendi

The accused carried out physical development and constructed a building without obtaining the required permits, despite being warned and served with notices by the District Assembly. The court found the accused's evidence unreliable and preferred the prosecution's evidence, concluding that the accused breached the law by building without a permit and encroaching on community right of space.

Court Disposition

Conviction on counts 1 and 3; count 2 struck out

Orders

  • Accused to pay a fine of 300 PU on count three or in default serve 1 year imprisonment in hard labour
  • District Planning Authority to serve accused with notice to demolish the building within one month at his own cost under section 106(5) of Act 936