Republic Vrs Mensah and 4 Others (138/2023) [2023] GHACC 910 (21 December 2023)

Republic Vrs Mensah and 4 Others (138/2023) [2023] GHACC 910 (21 December 2023)

The accused persons unlawfully entered land in possession of the complainant and intentionally caused damage to crops, constituting trespass and unlawful damage. Their claim of ownership does not justify self-help or destruction of property without a court order.

Citation
[2023] GHACC 910
Parties
Prosecution: The Republic; Accused: Joseph Mensah; Accused: Kobina Twentoh; Accused: 4 Others; Complainant: Solomon Dadzie
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
21 December 2023
Case Number
138/2023
Procedural Posture
Criminal / Judgment
Outcome
guilty
Legal Topics
Trespass, Unlawful Damage, Burden of Proof, Land Ownership
Source Language
English

Case Brief

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Parties

The Republic

Prosecution

Joseph Mensah

Accused

Kobina Twentoh

Accused

4 Others

Accused

Solomon Dadzie

Complainant

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused persons unlawfully entered the complainant's land (trespass)
  2. 2 Whether the accused persons intentionally and unlawfully caused damage to the complainant's crops
  3. 3 Whether the accused persons' claim of ownership justified their actions

Ratio Decidendi

The accused persons unlawfully entered land in possession of the complainant and intentionally caused damage to crops, constituting trespass and unlawful damage. Their claim of ownership does not justify self-help or destruction of property without a court order.

Court Disposition

guilty

Orders

  • Accused persons found guilty of trespass.
  • Accused persons found guilty of causing unlawful damage to crops.