REPUBLIC VRS JOSEPH OKO OKINE (D6/376/2022) [2023] GHACC 1045 (22 June 2023)

REPUBLIC VRS JOSEPH OKO OKINE (D6/376/2022) [2023] GHACC 1045 (22 June 2023)

The prosecution failed to prove the essential ingredients of the offence of fraudulent transaction of land, as the evidence showed the complainant received documentation, took possession, and the prosecution did not establish that the accused had no title or committed fraud. No prima facie case was made out to require the accused to open his defence.

Citation
[2023] GHACC 1045
Parties
Prosecution: The Republic; Accused: Joseph Oko Okine
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
22 June 2023
Case Number
D6/376/2022
Procedural Posture
Criminal / Ruling on No Case to Answer
Outcome
acquittal
Legal Topics
Fraudulent Transaction of Land, Burden of Proof, Prima Facie Case
Source Language
English
Criminal Law Land Law Fraudulent Transaction of Land Burden of Proof Prima Facie Case

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Parties

The Republic

Prosecution

Joseph Oko Okine

Accused

Procedural Posture

Criminal / Ruling on No Case to Answer

Legal Issues

  1. 1 Whether the prosecution established a prima facie case of fraudulent transaction of land against the accused under section 277(2)(a) of the Land Registry Act 2020 (Act 1036)
  2. 2 Whether the accused should be called upon to open his defence

Ratio Decidendi

The prosecution failed to prove the essential ingredients of the offence of fraudulent transaction of land, as the evidence showed the complainant received documentation, took possession, and the prosecution did not establish that the accused had no title or committed fraud. No prima facie case was made out to require the accused to open his defence.

Court Disposition

acquittal

Orders

  • The accused is acquitted of the charge of fraudulent transaction of land.