Republic Vrs Daniel Botchway & Anor. [2023] GHACC 514 (28 February 2023)

The prosecution has established a prima facie case on all charges by adducing evidence that the accused persons acted together to sell land they did not own, received payment, and issued dishonoured cheques, thus requiring the accused to open their defence.

Source-derived case information.

Citation: Republic Vrs Daniel Botchway & Anor. [2023] GHACC 514 (28 February 2023)
Parties: Prosecution: The Republic; 1st Accused: Daniel Botchway; 2nd Accused: Shadrack Moyam Dimany
Court: ghacc
Jurisdiction: Ghana
Judgment Date: 28 February 2023
Procedural Posture: Criminal / Ruling on Submission of No Case to Answer
Outcome: Submission of no case to answer dismissed; accused persons to open their defence.
Legal Topics: Conspiracy, Fraudulent Land Transaction, Issuance of False Cheque, Prima Facie Case, Burden of Proof
Source Language: en

Criminal Law Land Law Conspiracy Fraudulent Land Transaction Issuance of False Cheque Prima Facie Case Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 6

Parties

The Republic

Prosecution

Daniel Botchway

1st Accused

Shadrack Moyam Dimany

2nd Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

1 Whether prosecution has established a prima facie case against the accused persons for conspiracy to commit fraudulent land transaction, fraudulent land transaction, and issuance of false cheque.

Ratio Decidendi

Court Disposition

Submission of no case to answer dismissed; accused persons to open their defence.

Orders

Accused persons are called upon to enter their defence on all charges.

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