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
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Joseph Mensah
Accused
Kobina Twentoh
Accused
4 Others
Accused
Solomon Dadzie
Complainant
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused persons unlawfully entered the complainant's land (trespass)
- 2 Whether the accused persons intentionally and unlawfully caused damage to the complainant's crops
- 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.
Full Case Text
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