REPUBLIC VRS KPAKPO (7/47/2023) [2023] GHADC 1148 (18 September 2023)

REPUBLIC VRS KPAKPO (7/47/2023) [2023] GHADC 1148 (18 September 2023)

The accused obtained money from the complainant by making false representations about purchasing cashew nuts, failed to deliver as promised, used the funds for other purposes without consent, and confessed to the offence, thereby satisfying all elements of defrauding by false pretences.

Citation
[2023] GHADC 1148
Parties
Prosecution: The Republic; Accused: David Kpakpo; Complainant: Mr. Fiifi
Court
District Court
Jurisdiction
Ghana
Judgment Date
18 September 2023
Case Number
7/47/2023
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Defrauding by False Pretences, False Representation, Intent to Defraud
Source Language
English
Criminal Law Defrauding by False Pretences False Representation Intent to Defraud

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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Republic

Prosecution

David Kpakpo

Accused

Mr. Fiifi

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused defrauded the complainant by false pretences contrary to Section 131 of the Criminal and Other Offences Act, 1960 (Act 29)

Ratio Decidendi

The accused obtained money from the complainant by making false representations about purchasing cashew nuts, failed to deliver as promised, used the funds for other purposes without consent, and confessed to the offence, thereby satisfying all elements of defrauding by false pretences.

Court Disposition

conviction

Orders

  • Accused sentenced to a fine of 250 penalty units or in default nine months imprisonment.
  • Accused ordered to refund GH¢12,500.00 to the complainant forthwith.