REPUBLIC VRS ONORDJIONOR AND OTHER (D1/28/2018) [2023] GHACC 750 (22 August 2023)
The court found that the land was registered in the complainant's name, the accused persons entered and constructed structures on it without lawful authority, and their explanations were not credible or supported by evidence. The prosecution proved the elements of conspiracy and trespass beyond reasonable doubt.
- Citation
- [2023] GHACC 750
- Parties
- Prosecution: The Republic; Accused: Nii Adotey Onordjionor @ Elisha Adotey Brown; Accused: Michael Obodai @ Asa Akwei
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 22 August 2023
- Case Number
- D1/28/2018
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction
- Legal Topics
- Trespass, Conspiracy, Land Ownership, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Nii Adotey Onordjionor @ Elisha Adotey Brown
Accused
Michael Obodai @ Asa Akwei
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused persons trespassed on land owned by the complainant
- 2 Whether there was a conspiracy between the accused persons to commit trespass
Ratio Decidendi
The court found that the land was registered in the complainant's name, the accused persons entered and constructed structures on it without lawful authority, and their explanations were not credible or supported by evidence. The prosecution proved the elements of conspiracy and trespass beyond reasonable doubt.
Court Disposition
conviction
Orders
- The accused persons are found guilty on both counts of conspiracy to commit trespass and trespass and are hereby convicted.
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