REPUBLIC VRS. AHIAVI AND ANOTHER (CR/0163/2020) [2023] GHAHC 625 (30 November 2023)

REPUBLIC VRS. AHIAVI AND ANOTHER (CR/0163/2020) [2023] GHAHC 625 (30 November 2023)

The statutory declarations in question were not judicial documents as defined by law; therefore, the prosecution failed to establish the essential ingredients of the offences charged, and the accused persons could not be convicted on those counts.

Citation
[2023] GHAHC 625
Parties
Prosecution: Republic; 1st Accused: David Ahiavi; 2nd Accused: Antoinette Dzaka
Court
High Court
Jurisdiction
Ghana
Judgment Date
30 November 2023
Case Number
CR/0163/2020
Procedural Posture
Criminal / Judgment
Outcome
acquittal and discharge
Legal Topics
Conspiracy, Forgery, Burden of Proof
Source Language
English
Criminal Law Conspiracy Forgery Burden of Proof

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 7 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Republic

Prosecution

David Ahiavi

1st Accused

Antoinette Dzaka

2nd Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons conspired to commit forgery of a judicial or official document
  2. 2 Whether the accused persons forged a judicial or official document
  3. 3 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The statutory declarations in question were not judicial documents as defined by law; therefore, the prosecution failed to establish the essential ingredients of the offences charged, and the accused persons could not be convicted on those counts.

Court Disposition

acquittal and discharge

Orders

  • The accused persons are acquitted and discharged on both count one and count two.