The Republic Vrs Kakra Ii [2023] GHACC 371 (23 March 2023)
The accused was acquitted on all counts because he acted within the authority given by the complainants to sell land, and the prosecution failed to prove beyond reasonable doubt that he intended to defraud, commit forgery with criminal intent, or possess forged documents for a criminal purpose.
- Citation
- [2023] GHACC 371
- Parties
- Prosecution: The Republic; Accused: Nana Atta Kakra II
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 23 March 2023
- Procedural Posture
- Criminal / Judgment
- Outcome
- acquittal
- Legal Topics
- Fraudulent Land Transaction, Forgery, Possession of Forged Documents, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Nana Atta Kakra II
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused committed fraudulent land transaction contrary to Section 34 (a) and (b) of Act 122 of 1962
- 2 Whether the accused committed forgery of documents contrary to Section 159 of Act 29/60
- 3 Whether the accused was in possession of forged documents contrary to Section 166 of Act 29/60
Ratio Decidendi
The accused was acquitted on all counts because he acted within the authority given by the complainants to sell land, and the prosecution failed to prove beyond reasonable doubt that he intended to defraud, commit forgery with criminal intent, or possess forged documents for a criminal purpose.
Court Disposition
acquittal
Orders
- Accused acquitted and discharged on all counts
- Accused to hand over the stamp to complainants or submit it to prosecution for destruction if not needed
Full Case Text
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