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
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Raphael Fiawornu
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused knowingly sold land without title or authority
- 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
Full Case Text
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