Republic Vrs Sam Nii Odoi [2022] GHACC 248 (6 December 2022)

Republic Vrs Sam Nii Odoi [2022] GHACC 248 (6 December 2022)

The accused knowingly sold land to which he had no title, received payment, and issued receipts in the name of a family he was not authorized to represent. He was aware, especially after a High Court judgment, that neither he nor his alleged principal had title. The prosecution proved the offence beyond reasonable doubt.

Citation
[2022] GHACC 248
Parties
Prosecution: The Republic; Accused: Sam Nii Odoi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
6 December 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Fraudulent Transaction of Land, Land Ownership, Criminal Liability
Source Language
English
Criminal Law Land Law Fraudulent Transaction of Land Land Ownership Criminal Liability

Case Brief

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Parties

The Republic

Prosecution

Sam Nii Odoi

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused knowingly purported to make a grant of land without title
  2. 2 Whether the accused received consideration for land he had no right to sell

Ratio Decidendi

The accused knowingly sold land to which he had no title, received payment, and issued receipts in the name of a family he was not authorized to represent. He was aware, especially after a High Court judgment, that neither he nor his alleged principal had title. The prosecution proved the offence beyond reasonable doubt.

Court Disposition

conviction and sentence

Orders

  • Accused sentenced to pay a fine of 7500 Penalty Units or serve seven years imprisonment in default.
  • Accused to refund GHC90,000 to the complainant by 30th December 2022.