The Republic Vrs Boateng & Another [2023] GHADC 115 (11 August 2023)

The Republic Vrs Boateng & Another [2023] GHADC 115 (11 August 2023)

The prosecution failed to prove beyond reasonable doubt that the accused persons made false representations with intent to defraud, or that Sekyere Moses sold land to the complainant. The evidence indicated a contract failure rather than criminal fraud.

Citation
[2023] GHADC 115
Parties
Prosecution: The Republic; Accused: Nketiah Boateng; Accused: Sekyere Moses; Complainant: Fedelis Mortty
Court
District Court
Jurisdiction
Ghana
Judgment Date
11 August 2023
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Defrauding by False Pretences, Burden of Proof, Land Transactions
Source Language
English
Criminal Law Defrauding by False Pretences Burden of Proof Land Transactions

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

The Republic

Prosecution

Nketiah Boateng

Accused

Sekyere Moses

Accused

Fedelis Mortty

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether failure to inform the Traditional Council before selling land constituted defrauding by false pretences
  2. 2 Whether Sekyere Moses fraudulently sold land to the complainant
  3. 3 Whether prosecution discharged its burden in respect of both accused persons

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused persons made false representations with intent to defraud, or that Sekyere Moses sold land to the complainant. The evidence indicated a contract failure rather than criminal fraud.

Court Disposition

acquittal

Orders

  • Both accused persons are acquitted and discharged on the charge of defrauding by false pretences.