REPUBLIC VRS ISSAH (NR/NG/DC/B9/35/24) [2024] GHADC 529 (23 July 2024)

REPUBLIC VRS ISSAH (NR/NG/DC/B9/35/24) [2024] GHADC 529 (23 July 2024)

The prosecution failed to prove beyond reasonable doubt that the accused's act of damaging the building foundation was unlawful, as ownership of the land remained with the accused and no evidence was adduced to show intent to injure, defraud, or cause harm.

Citation
REPUBLIC VRS ISSAH (NR/NG/DC/B9/35/24) [2024] GHADC 529 (23 July 2024)
Parties
Prosecution: The Republic; Accused: Mutala Issah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
23 July 2024
Procedural Posture
Criminal / Final Judgment
Outcome
acquittal and discharge
Legal Topics
Causing Unlawful Damage, Fraudulent Land Transaction, Burden of Proof, Ownership Dispute
Source Language
eng
Criminal Law Property Law Causing Unlawful Damage Fraudulent Land Transaction Burden of Proof Ownership Dispute

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Parties

The Republic

Prosecution

Mutala Issah

Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether the accused unlawfully caused damage to property contrary to section 172(1)(a) of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the accused committed fraudulent land transaction under section 34(a) of the Land Registry Act, 1962 (Act 122)
  3. 3 Whether the prosecution proved beyond reasonable doubt that the accused's act was unlawful

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused's act of damaging the building foundation was unlawful, as ownership of the land remained with the accused and no evidence was adduced to show intent to injure, defraud, or cause harm.

Court Disposition

acquittal and discharge

Orders

  • Accused person acquitted and discharged of the offence of Causing Unlawful Damage: contrary to section 172(1)(a) of the Criminal Offences Act, 1960 (Act 29).