S v Kartey and Others (B1/02/2021) [2025] GHADC 182 (22 July 2025)

S v Kartey and Others (B1/02/2021) [2025] GHADC 182 (22 July 2025)

The court found that the accused persons, acting on prior agreement and instructions from their chief, intentionally gathered and heaped the complainant's tyres, facilitating their burning by themselves and others, thereby causing unlawful damage. The prosecution proved both conspiracy and unlawful damage beyond...

Source-derived case information.

Citation
[2025] GHADC 182
Parties
Prosecution: The Republic; Accused: Kartey Tsaanah; Accused: Aaron Nartey Adjokey; Accused: Emmanuel Adjorkey
Court
District Court
Jurisdiction
Ghana
Judgment Date
22 July 2025
Case Number
B1/02/2021
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentence
Legal Topics
Conspiracy, Unlawful Damage, Arson, Burden of Proof, Standard of Proof, Land Dispute
Source Language
english
Criminal Law Property Law Conspiracy Unlawful Damage Arson Burden of Proof Standard of Proof Land Dispute

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Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Kartey Tsaanah

Accused

Aaron Nartey Adjokey

Accused

Emmanuel Adjorkey

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused conspired with others to cause unlawful damage to the complainant's property
  2. 2 Whether the accused together with others caused unlawful damage to the complainant's vehicle tyres

Ratio Decidendi

The court found that the accused persons, acting on prior agreement and instructions from their chief, intentionally gathered and heaped the complainant's tyres, facilitating their burning by themselves and others, thereby causing unlawful damage. The prosecution proved both conspiracy and unlawful damage beyond reasonable doubt, relying on credible eyewitness testimony and corroborative evidence.

Court Disposition

Conviction and sentence

Orders

  • Accused persons convicted on one count each of conspiracy to commit crime (causing unlawful damage) and causing unlawful damage
  • Each accused sentenced to pay a fine of 150 penalty units on each count, in default to serve 6 months imprisonment, sentences to run concurrently