REPUBLIC VRS VERA NARTEY @ AKUA KYEREWAAH & 1 OR. (D2/70/2023) [2023] GHACC 1035 (14 June 2023)

REPUBLIC VRS VERA NARTEY @ AKUA KYEREWAAH & 1 OR. (D2/70/2023) [2023] GHACC 1035 (14 June 2023)

The accused persons knowingly misrepresented to the complainant that they could sell him a property already sold to another buyer, received part payment, and failed to refund the money, thereby establishing a prima facie case of conspiracy and defrauding by false pretence. The prosecution's evidence is sufficient to require the accused to make a defence.

Citation
[2023] GHACC 1035
Parties
Prosecution: The Republic; Accused: Vera Nartey @ Akua Kyerewaah; Accused: [Unnamed Husband]; Complainant: Godwin Kwame Aradu Donkor
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
14 June 2023
Case Number
D2/70/2023
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
submission of no case refused
Legal Topics
Conspiracy, Defrauding by False Pretence, Submission of No Case to Answer
Source Language
English
Criminal Law Conspiracy Defrauding by False Pretence Submission of No Case to Answer

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 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Republic

Prosecution

Vera Nartey @ Akua Kyerewaah

Accused

[Unnamed Husband]

Accused

Godwin Kwame Aradu Donkor

Complainant

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case of conspiracy and defrauding by false pretence against the accused persons
  2. 2 Whether the accused persons should be acquitted at this stage under section 173 of Act 30/60

Ratio Decidendi

The accused persons knowingly misrepresented to the complainant that they could sell him a property already sold to another buyer, received part payment, and failed to refund the money, thereby establishing a prima facie case of conspiracy and defrauding by false pretence. The prosecution's evidence is sufficient to require the accused to make a defence.

Court Disposition

submission of no case refused

Orders

  • Accused persons to respond to both counts of conspiracy and defrauding by false pretence