The Republic Vrs Njijela [2022] GHADC 66 (28 August 2022)

The Republic Vrs Njijela [2022] GHADC 66 (28 August 2022)

The accused made a false representation that he could supply wood when he was no longer in the wood business, induced the complainant to part with money, and did not intend to fulfill the promise, thus satisfying the elements of defrauding by false pretences.

Citation
The Republic Vrs Njijela [2022] GHADC 66 (28 August 2022)
Parties
Prosecution: The Republic; Accused: Silas Njijela; Complainant: [Name not provided]
Court
ghadc
Jurisdiction
Ghana
Judgment Date
28 August 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Defrauding by False Pretences, Burden of Proof, Intent to Defraud
Source Language
eng
Criminal Law Defrauding by False Pretences Burden of Proof Intent to Defraud

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Parties

The Republic

Prosecution

Silas Njijela

Accused

[Name not provided]

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

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

Ratio Decidendi

The accused made a false representation that he could supply wood when he was no longer in the wood business, induced the complainant to part with money, and did not intend to fulfill the promise, thus satisfying the elements of defrauding by false pretences.

Court Disposition

conviction

Orders

  • Accused convicted of defrauding by false pretences.
  • Accused to pay a fine of fifty (50) penalty units or in default serve one (1) month prison term.