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BADDOO v. THE REPUBLIC

November 15, 1968

COURT OF APPEAL

GHANA

CORAM

  • OLLENNU
  • AMISSAH JJ.A.
  • SOWAH J

Areas of Law

  • Criminal Law and Procedure
  • Property and Real Estate Law

AI Generated Summary

Amissah J.A. delivered the Court of Appeal’s judgment in a Ghana criminal case concerning forcible entry under section 202A(1) of the Criminal Code, 1960 (Act 29), as amended by N.L.C.D. 47. The appellant admitted demolishing a cement block fence at Lartebiokorshie but asserted longstanding possession based on a grant from the Sempe stool, evidenced by corner pillars, stored materials, and coconut trees, and he had previously stopped the complainant from building. The district court convicted and the High Court affirmed. The Court of Appeal clarified that forcible entry requires proof of entry and violence, and critically, that the complainant, not the accused, was in possession at the material time. The magistrate conflated title and possession; the High Court did not address the issue. State counsel conceded that absent a finding on possession, “entry” was not proved. The Court of Appeal allowed the appeal, quashing the conviction and setting aside the sentence.

JUDGMENT