REPUBLIC VRS GAD NII TETTEY COMMEY ALHASSAN BUKARI (D6/28/2018) [2023] GHACC 1042 (19 January 2023)

REPUBLIC VRS GAD NII TETTEY COMMEY ALHASSAN BUKARI (D6/28/2018) [2023] GHACC 1042 (19 January 2023)

The prosecution failed to prove the essential elements of the offences charged. The evidence was insufficient, unreliable, and discredited, and did not establish a prima facie case against the accused persons. The charge under the repealed Land Registry Act 122 could not be sustained. Therefore, the accused persons are entitled to be acquitted on all counts.

Citation
REPUBLIC VRS GAD NII TETTEY COMMEY ALHASSAN BUKARI (D6/28/2018) [2023] GHACC 1042 (19 January 2023)
Parties
Prosecution: The Republic; Accused: Gad Nii Tettey Commey; Accused: Alhassan Bukari
Court
ghacc
Jurisdiction
Ghana
Judgment Date
19 January 2023
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
acquittal
Legal Topics
Fraudulent Transaction in Land, Defrauding by False Pretence, Trespass, Causing Unlawful Damage, Burden of Proof, Submission of No Case
Source Language
eng
Criminal Law Land Law Fraudulent Transaction in Land Defrauding by False Pretence Trespass Causing Unlawful Damage Burden of Proof Submission of No Case

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Parties

The Republic

Prosecution

Gad Nii Tettey Commey

Accused

Alhassan Bukari

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the accused persons on charges of fraudulent transaction in land, defrauding by false pretence, trespass, and causing unlawful damage
  2. 2 Whether the accused persons should be called upon to open their defence

Ratio Decidendi

The prosecution failed to prove the essential elements of the offences charged. The evidence was insufficient, unreliable, and discredited, and did not establish a prima facie case against the accused persons. The charge under the repealed Land Registry Act 122 could not be sustained. Therefore, the accused persons are entitled to be acquitted on all counts.

Court Disposition

acquittal

Orders

  • Accused persons are acquitted and discharged on all counts.