HOMENYA v. THE REPUBLIC

Acquah J., sitting on appeal, quashed the Circuit Court, Hohoe conviction of an appellant for causing unlawful damage under section 172(1)(b) of the Criminal Code, 1960 (Act 29). The case involved apple trees along an undemarcated boundary at Kpando Gadza, where the complainant, an elderly woman, had built her house and the appellant farmed adjoining land. The appellant, a former headmaster, claimed both the land and trees were his, having acquired the land from Kpando-Konda in 1946 and fenced it in 1965; the trees had germinated from refuse, and he cut them to plant corn. The trial judge fixated on a claim of right defence and extraneous matters, and imposed fines and a bond. On appeal, the court held the prosecution failed to prove unlawfulness, emphasizing that criminal proceedings for unlawful damage presuppose the complainant’s title and that boundaries must be established. It further found no evidence of value to support a felony charge and, because the conviction itself was invalid, could not be salvaged under section 172(1)(a). The appellant was acquitted and discharged.