Republic Vrs Kwaku Ayitey & 2 Ors [2022] GHACC 273 (22 November 2022)

Republic Vrs Kwaku Ayitey & 2 Ors [2022] GHACC 273 (22 November 2022)

The accused persons raised sufficient doubt regarding ownership of the land, as both sides presented documentation and evidence of possession. The prosecution failed to prove beyond reasonable doubt that the accused were not owners or occupiers, resulting in acquittal on trespass and forcible entry charges. However, the court found that the third accused threatened the complainant's workers, satisfying the elements of threat of harm under Section 74 of Act 29, and convicted him accordingly.

Citation
[2022] GHACC 273
Parties
Prosecution: The Republic; Accused: Kwaku Ayitey; Accused: Enos Nana Ankomah; Accused: Mohammed Awal
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
22 November 2022
Procedural Posture
Criminal / Judgment
Outcome
Partial conviction and acquittal
Legal Topics
Forcible Entry, Trespass to Land, Threat of Harm, Burden of Proof, Land Ownership Disputes
Source Language
English
Criminal Law Land Law Forcible Entry Trespass to Land Threat of Harm Burden of Proof Land Ownership Disputes

Case Brief

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Parties

The Republic

Prosecution

Kwaku Ayitey

Accused

Enos Nana Ankomah

Accused

Mohammed Awal

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons unlawfully entered and trespassed on land owned by the complainant
  2. 2 Whether the accused persons were not the owners or occupiers of the land
  3. 3 Whether the third accused threatened the complainant's workers with harm

Ratio Decidendi

The accused persons raised sufficient doubt regarding ownership of the land, as both sides presented documentation and evidence of possession. The prosecution failed to prove beyond reasonable doubt that the accused were not owners or occupiers, resulting in acquittal on trespass and forcible entry charges. However, the court found that the third accused threatened the complainant's workers, satisfying the elements of threat of harm under Section 74 of Act 29, and convicted him accordingly.

Court Disposition

Partial conviction and acquittal

Orders

  • All accused persons acquitted and discharged on counts of trespass and forcible entry (Counts 2, 4, 5).
  • Third accused (Mohammed Awal) convicted on threat of harm (Count 6) and sentenced to a fine of 800 penalty units or in default 12 months’ imprisonment.