Kuatusah Vrs The Republic [2022] GHAHC 66 (14 November 2022)
The prosecution established a prima facie case against the appellant through the evidence of the victim, corroborating witnesses, and medical report, warranting the appellant to be called upon to open his defence. The trial court's ruling was supported by the evidence on record and cannot be faulted.
- Citation
- [2022] GHAHC 66
- Parties
- Applicant: Daniel Kuatusah; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Ghana
- Judgment Date
- 14 November 2022
- Procedural Posture
- Criminal Appeal / Appeal Against Ruling on Submission of No Case to Answer
- Outcome
- Appeal dismissed
- Legal Topics
- Defilement, Submission of No Case, Standard of Proof, Evaluation of Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Daniel Kuatusah
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Ruling on Submission of No Case to Answer
Legal Issues
- 1 Whether the prosecution made a prima facie case against the appellant to warrant him to open his defence
- 2 Whether the ruling/order of the trial Circuit Court is supported by the evidence on record
Ratio Decidendi
The prosecution established a prima facie case against the appellant through the evidence of the victim, corroborating witnesses, and medical report, warranting the appellant to be called upon to open his defence. The trial court's ruling was supported by the evidence on record and cannot be faulted.
Court Disposition
Appeal dismissed
Orders
- Appellant to return to the lower court to open his defence forthwith
- Registrar to serve the order on the lower court and Attorney-General’s Office
Full Case Text
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