Republic Vrs Susubiribi [2022] GHACC 189 (10 November 2022)

Republic Vrs Susubiribi [2022] GHACC 189 (10 November 2022)

There is no evidence that the accused threatened the caretaker with death; thus, the accused is acquitted on count 1. However, there is sufficient evidence to require the accused to answer to the charge of fraudulent land transaction under count 2.

Citation
[2022] GHACC 189
Parties
Prosecution: The Republic; Accused: Nii Kotey Susubiribi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
10 November 2022
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
Accused acquitted on count 1 (threat of death); accused to open defence on count 2 (fraudulent transaction).
Legal Topics
Threat of Death, Fraudulent Land Transaction, Burden of Proof, Submission of No Case
Source Language
English
Criminal Law Land Law Threat of Death Fraudulent Land Transaction Burden of Proof Submission of No Case

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Parties

The Republic

Prosecution

Nii Kotey Susubiribi

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the accused threatened the caretaker with death
  2. 2 Whether the accused fraudulently transacted land without title

Ratio Decidendi

There is no evidence that the accused threatened the caretaker with death; thus, the accused is acquitted on count 1. However, there is sufficient evidence to require the accused to answer to the charge of fraudulent land transaction under count 2.

Court Disposition

Accused acquitted on count 1 (threat of death); accused to open defence on count 2 (fraudulent transaction).

Orders

  • Accused acquitted on count 1.
  • Accused to open defence on count 2.