REPUBLIC VRS FRANK KOJO ESHUN & 2 ORS. (D1/11/21) [2023] GHACC 952 (30 May 2023)

REPUBLIC VRS FRANK KOJO ESHUN & 2 ORS. (D1/11/21) [2023] GHACC 952 (30 May 2023)

The prosecution's evidence established all the relevant ingredients of the offences charged, was not discredited under cross-examination, and was manifestly reliable. Therefore, a prima facie case was established against the 1st accused on all counts and against the 2nd accused on counts one and three, requiring them to open their defence.

Citation
[2023] GHACC 952
Parties
Prosecution: The Republic; Accused: Frank Kojo Eshun; Accused: Timothy Asempa; Accused: Seth Ohene Osei
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
30 May 2023
Case Number
D1/11/21
Procedural Posture
Criminal / Ruling on Prima Facie Case at Close of Prosecution
Outcome
prima facie case established; accused to open defence
Legal Topics
Conspiracy, Stealing, Forgery, Prima Facie Case, Criminal Procedure
Source Language
English
Criminal Law Conspiracy Stealing Forgery Prima Facie Case Criminal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Republic

Prosecution

Frank Kojo Eshun

Accused

Timothy Asempa

Accused

Seth Ohene Osei

Accused

Procedural Posture

Criminal / Ruling on Prima Facie Case at Close of Prosecution

Legal Issues

  1. 1 Whether prosecution has established a prima facie case against the accused persons on charges of conspiracy, stealing, and forgery

Ratio Decidendi

The prosecution's evidence established all the relevant ingredients of the offences charged, was not discredited under cross-examination, and was manifestly reliable. Therefore, a prima facie case was established against the 1st accused on all counts and against the 2nd accused on counts one and three, requiring them to open their defence.

Court Disposition

prima facie case established; accused to open defence

Orders

  • 1st accused to open defence on all counts
  • 2nd accused to open defence on counts one and three