Republic Vrs Daniel Prempeh Kyeremateng @rasta [2022] GHADC 276 (30 November 2022)
The accused falsely represented himself as the owner and landlord of the container and land, induced the complainant to pay GH¢2,000.00, and executed a tenancy agreement without authority, thereby defrauding the complainant by false pretence. The prosecution proved its case beyond reasonable doubt.
- Citation
- [2022] GHADC 276
- Parties
- Prosecution: The Republic; Accused: Daniel Prempeh Kyeremateng @ Rasta; Complainant: Mariama Bukari
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 30 November 2022
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction and sentence
- Legal Topics
- Defrauding by False Pretence, Burden of Proof, False Representation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Daniel Prempeh Kyeremateng @ Rasta
Accused
Mariama Bukari
Complainant
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused defrauded the complainant by false pretence by representing he could rent out a container and land he did not own.
Ratio Decidendi
The accused falsely represented himself as the owner and landlord of the container and land, induced the complainant to pay GH¢2,000.00, and executed a tenancy agreement without authority, thereby defrauding the complainant by false pretence. The prosecution proved its case beyond reasonable doubt.
Court Disposition
conviction and sentence
Orders
- Accused person sentenced to twelve (12) months imprisonment in hard labour.
- Accused person to pay a fine of One Hundred (100) Penalty Units or in default serve six (6) months imprisonment in hard labour.
Full Case Text
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