Republic Vrs Flovi and Another [2023] GHADC 529 (26 April 2023)
The prosecution failed to prove exclusive ownership of the land by the complainant; the land was determined to be family property, raising a bona fide question of title, thus the accused persons cannot be found guilty of trespass.
- Citation
- Republic Vrs Flovi and Another [2023] GHADC 529 (26 April 2023)
- Parties
- Prosecution: The Republic; Accused: Fidelia Flovi; Accused: Akakpo Tsipote; Complainant: Kwame Flovi
- Court
- ghadc
- Jurisdiction
- Ghana
- Judgment Date
- 26 April 2023
- Procedural Posture
- Criminal / Judgment
- Outcome
- acquittal
- Legal Topics
- Trespass, Family Land Ownership, Burden of Proof
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Fidelia Flovi
Accused
Akakpo Tsipote
Accused
Kwame Flovi
Complainant
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused persons committed criminal trespass under section 157 of the Criminal Offences Act, 1960 (Act 29)
- 2 Whether the complainant had exclusive ownership or possession of the land in question
Ratio Decidendi
The prosecution failed to prove exclusive ownership of the land by the complainant; the land was determined to be family property, raising a bona fide question of title, thus the accused persons cannot be found guilty of trespass.
Court Disposition
acquittal
Orders
- Accused persons acquitted and discharged
Full Case Text
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