Republic Vrs Daniel Sabah Kpobi [2022] GHACC 229 (3 October 2022)
The prosecution failed to prove beyond reasonable doubt that the accused used false pretence or personation to obtain money from the complainant; evidence showed a commercial land transaction involving the Kumi family, with no proof of impersonation or false representation by the accused.
- Citation
- [2022] GHACC 229
- Parties
- Prosecution: The Republic; Accused: Daniel Sabah Kpobi
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 3 October 2022
- Procedural Posture
- Criminal / Judgment
- Outcome
- Acquittal and discharge
- Legal Topics
- Defrauding by False Pretences, Burden of Proof, Land Transactions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Daniel Sabah Kpobi
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused defrauded by false pretences contrary to section 131 of the Criminal Offences Act, 1960 (Act 29)
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the accused used false pretence or personation to obtain money from the complainant; evidence showed a commercial land transaction involving the Kumi family, with no proof of impersonation or false representation by the accused.
Court Disposition
Acquittal and discharge
Orders
- The accused, Daniel Sabah Kpobi, is acquitted and discharged.
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