REPUBLIC VRS AGBOLOSOO (B3/05/2023) [2022] GHADC 419 (23 November 2022)

REPUBLIC VRS AGBOLOSOO (B3/05/2023) [2022] GHADC 419 (23 November 2022)

The accused was justified in resorting to threats to ward off the complainant from the farm beds in his possession, as the complainant's conduct was provocative and amounted to intermeddling without proper authority.

Citation
[2022] GHADC 419
Parties
Prosecutor: The Republic; Accused: Emmanuel Atsu Agbolosoo; Complainant: Kofi Moses Gagba
Court
District Court
Jurisdiction
Ghana
Judgment Date
23 November 2022
Case Number
B3/05/2023
Procedural Posture
Criminal / Summary Judgment
Outcome
acquittal and discharge of accused
Legal Topics
Threat of Harm, Defence of Property, Intermeddling, Intestate Succession
Source Language
English
Criminal Law Succession Law Threat of Harm Defence of Property Intermeddling Intestate Succession

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Parties

The Republic

Prosecutor

Emmanuel Atsu Agbolosoo

Accused

Kofi Moses Gagba

Complainant

Procedural Posture

Criminal / Summary Judgment

Legal Issues

  1. 1 Whether the accused's threat constituted a criminal offence under Section 74 of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the accused was justified in using threats to defend property under Section 39 of the Criminal Offences Act, 1960 (Act 29)
  3. 3 Whether the complainant had authority to control the deceased's properties

Ratio Decidendi

The accused was justified in resorting to threats to ward off the complainant from the farm beds in his possession, as the complainant's conduct was provocative and amounted to intermeddling without proper authority.

Court Disposition

acquittal and discharge of accused

Orders

  • Accused justified in resorting to threats to ward off complainant from 33 farm beds in his possession.
  • Accused acquitted and discharged.