REPUBLIC VS GODFRED ATTER OTUMI (D6/175/2021) [2022] GHACC 287 (7 December 2022)

Prosecution proved a prima facie case that accused purported to grant land without title and obtained money by false pretence, thus accused must be called to enter a defence.

Citation: [2022] GHACC 287
Parties: Prosecution: The Republic; Accused: Godfred Atter Otumi
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 7 December 2022
Case Number: D6/175/2021
Procedural Posture: Criminal / Ruling on Case to Answer (close of Prosecution Case)
Outcome: Accused called to enter defence; prima facie case established
Legal Topics: Fraudulent Transaction in Land, Defrauding by False Pretences, Prima Facie Case, Burden of Proof
Source Language: English

Criminal Law Land Law Fraudulent Transaction in Land Defrauding by False Pretences Prima Facie Case Burden of Proof

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Parties

The Republic

Prosecution

Godfred Atter Otumi

Accused

Procedural Posture

Criminal / Ruling on Case to Answer (close of Prosecution Case)

Legal Issues

1 Whether the accused purported to make a grant of land without title contrary to section 34(a) of the Land Registry Act 1962, Act 122
2 Whether the accused defrauded by false pretence contrary to section 131 of the Criminal and Other Offences Act, 1960, Act 29

Ratio Decidendi

Prosecution proved a prima facie case that accused purported to grant land without title and obtained money by false pretence, thus accused must be called to enter a defence.

Court Disposition

Accused called to enter defence; prima facie case established