The Republic Vrs Fiawornu [2023] GHADC 687 (3 February 2023)

The Republic Vrs Fiawornu [2023] GHADC 687 (3 February 2023)

The accused was not the owner nor had authority to sell the land at the time of the transactions, misrepresented ownership, and failed to refund the money, thus contravening section 34(a) of Act 122. The prosecution proved the case beyond reasonable doubt.

Citation
[2023] GHADC 687
Parties
Prosecution: The Republic; Accused: Raphael Fiawornu
Court
District Court
Jurisdiction
Ghana
Judgment Date
3 February 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Fraudulent Land Transactions, Burden of Proof, Title to Land
Source Language
English

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Parties

The Republic

Prosecution

Raphael Fiawornu

Accused

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused knowingly sold land without title or authority
  2. 2 Whether the accused acted in bad faith in the land transactions

Ratio Decidendi

The accused was not the owner nor had authority to sell the land at the time of the transactions, misrepresented ownership, and failed to refund the money, thus contravening section 34(a) of Act 122. The prosecution proved the case beyond reasonable doubt.

Court Disposition

conviction

Orders

  • Accused convicted on the offence charged
  • Accused to pay twice the price of the land paid by PW1 less Gh₵5,200 collected from the Police