The Republic Vrs Kwofie [2023] GHACC 385 (28 February 2023)

The Republic Vrs Kwofie [2023] GHACC 385 (28 February 2023)

Prosecution failed to prove beyond reasonable doubt that the complainant was the owner or occupier of the disputed land and that the accused's entry was unlawful, as the evidence established a genuine dispute of ownership, making the matter a civil rather than criminal issue.

Citation
[2023] GHACC 385
Parties
Prosecutor: Republic; Accused: Benjamin Kwofie
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
28 February 2023
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Trespass, Land Ownership Dispute, Burden of Proof
Source Language
English
Criminal Law Trespass Land Ownership Dispute Burden of Proof

Case Brief

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Parties

Republic

Prosecutor

Benjamin Kwofie

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully trespassed on land contrary to section 157 of Act 29
  2. 2 Whether the complainant had capacity as owner or occupier to lodge the complaint
  3. 3 Whether prosecution proved ownership of the disputed land beyond reasonable doubt

Ratio Decidendi

Prosecution failed to prove beyond reasonable doubt that the complainant was the owner or occupier of the disputed land and that the accused's entry was unlawful, as the evidence established a genuine dispute of ownership, making the matter a civil rather than criminal issue.

Court Disposition

acquittal

Orders

  • Accused person is acquitted of the offence of trespass contrary to section 157 of Act 29.