REPUBLIC VRS ESSOUN (08/2023) [2024] GHACC 194 (30 January 2024)

The accused knowingly made false representations about ownership of land, collected money from complainants, provided fraudulent documents, and had no title to the land, thereby committing defrauding by false pretences and fraudulent land transaction. Prosecution proved all elements beyond reasonable doubt.

Citation: REPUBLIC VRS ESSOUN (08/2023) [2024] GHACC 194 (30 January 2024)
Parties: Prosecution: The Republic; Accused: Bernard Okatakyire Essoun
Court: ghacc
Jurisdiction: Ghana
Judgment Date: 30 January 2024
Procedural Posture: Criminal / Final Judgment
Outcome: conviction and sentencing
Legal Topics: Defrauding by False Pretences, Fraudulent Land Transaction
Source Language: eng

Criminal Law Property Law Defrauding by False Pretences Fraudulent Land Transaction

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 2

Parties

The Republic

Prosecution

Bernard Okatakyire Essoun

Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

1 Whether the accused defrauded by false pretences under Section 131 of Act 29/1960
2 Whether the accused committed a fraudulent land transaction under Section 277(2)(a) of the Land Act, 2020 (Act 1036)

Ratio Decidendi

Court Disposition

conviction and sentencing

Orders

Accused sentenced to five years imprisonment for defrauding by false pretences.
Accused sentenced to pay a fine of 8000 penalty units or serve eight years imprisonment for fraudulent land transaction.