REPUBLIC VRS KIFLE SEYOUM HAMPTON (D3/08/2022) [2023] GHACC 1050 (23 March 2023)

REPUBLIC VRS KIFLE SEYOUM HAMPTON (D3/08/2022) [2023] GHACC 1050 (23 March 2023)

The prosecution failed to provide sufficient evidence to establish the essential elements of forcible entry and causing unlawful damage. The evidence was not corroborated, key witnesses were not called, and contradictions existed in the complainant's testimony. The prosecution did not discharge its burden of proof beyond reasonable doubt. Submission of no case to answer was upheld and the accused was acquitted and discharged.

Citation
REPUBLIC VRS KIFLE SEYOUM HAMPTON (D3/08/2022) [2023] GHACC 1050 (23 March 2023)
Parties
Prosecution: The Republic; Accused: Kifle Seyoum Hampton
Court
ghacc
Jurisdiction
Ghana
Judgment Date
23 March 2023
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
acquittal and discharge
Legal Topics
Forcible Entry, Unlawful Damage, Burden of Proof, Submission of No Case
Source Language
eng
Criminal Law Forcible Entry Unlawful Damage Burden of Proof Submission of No Case

Case Brief

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Parties

The Republic

Prosecution

Kifle Seyoum Hampton

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution established a prima facie case of forcible entry against the accused
  2. 2 Whether the prosecution established a prima facie case of causing unlawful damage against the accused

Ratio Decidendi

The prosecution failed to provide sufficient evidence to establish the essential elements of forcible entry and causing unlawful damage. The evidence was not corroborated, key witnesses were not called, and contradictions existed in the complainant's testimony. The prosecution did not discharge its burden of proof beyond reasonable doubt. Submission of no case to answer was upheld and the accused was acquitted and discharged.

Court Disposition

acquittal and discharge

Orders

  • The accused is acquitted and discharged on both charges of forcible entry and causing unlawful damage.