REPUBLIC VRS AKORFUL (B7/120/2022) [2024] GHADC 174 (12 January 2024)

REPUBLIC VRS AKORFUL (B7/120/2022) [2024] GHADC 174 (12 January 2024)

The accused knowingly sold land to which he had no title or authority, admitted to receiving and partially refunding monies, and failed to raise reasonable doubt as to his guilt. The prosecution proved all elements of fraudulent land transaction beyond reasonable doubt under section 34(a) and (b) of Act 122.

Citation
REPUBLIC VRS AKORFUL (B7/120/2022) [2024] GHADC 174 (12 January 2024)
Parties
Prosecution: The Republic; Accused: Peter Akorful; Complainant: Isaac Kwame Acquah; Complainant: Emmanuel Adongo
Court
ghadc
Jurisdiction
Ghana
Judgment Date
12 January 2024
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentence
Legal Topics
Fraudulent Land Transactions, Burden of Proof, Sentencing, Compensation
Source Language
eng
Criminal Law Land Law Fraudulent Land Transactions Burden of Proof Sentencing Compensation

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Parties

The Republic

Prosecution

Peter Akorful

Accused

Isaac Kwame Acquah

Complainant

Emmanuel Adongo

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused fraudulently transacted land without title or authority in violation of section 34(a) and (b) of the Land Registry Act, 1962 (Act 122)
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The accused knowingly sold land to which he had no title or authority, admitted to receiving and partially refunding monies, and failed to raise reasonable doubt as to his guilt. The prosecution proved all elements of fraudulent land transaction beyond reasonable doubt under section 34(a) and (b) of Act 122.

Court Disposition

Conviction and sentence

Orders

  • Accused to pay a fine of 100 penalty units or serve 3 months imprisonment in default.
  • Accused to pay outstanding balance of GHC9,000.00 to Emmanuel Adongo by end of February 2024.