The Republic Vrs Agbanyo [2023] GHACC 392 (18 July 2023)

The Republic Vrs Agbanyo [2023] GHACC 392 (18 July 2023)

Ownership of the land and cocoa trees was in dispute and subject to pending civil litigation; criminal liability for unlawful damage cannot be established where ownership is not proven beyond reasonable doubt.

Citation
[2023] GHACC 392
Parties
Prosecution: The Republic; Accused: Sulemana Abdulai Agbanyo
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
18 July 2023
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Causing Unlawful Damage, Property Dispute, Ownership of Land
Source Language
English
Criminal Law Causing Unlawful Damage Property Dispute Ownership of Land

Case Brief

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Parties

The Republic

Prosecution

Sulemana Abdulai Agbanyo

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully caused damage to property under section 172 of the Criminal & Other Offences Act, 1960 (Act 29)
  2. 2 Whether the property damaged belonged to the complainant or the accused

Ratio Decidendi

Ownership of the land and cocoa trees was in dispute and subject to pending civil litigation; criminal liability for unlawful damage cannot be established where ownership is not proven beyond reasonable doubt.

Court Disposition

acquittal

Orders

  • Accused person is acquitted of the charge of causing unlawful damage contrary to section 172 of Act 29.