STEPHEN BOATENG vs THE REPUBLIC

STEPHEN BOATENG vs THE REPUBLIC STEPHEN BOATENG vs THE REPUBLIC This is an appeal against the ruling of the Circuit Court, Accra, in which the trial Judge dismissed an application on a submission of no case delivered on 14th November 2024.

The appellant was charged with one (1) count of stealing contrary to section 124(1) of the Criminal Offences Act, 1960 (Act 29). The accused person pleaded not guilty to the count and the prosecution called two witnesses in advancing its case.

GROUNDS OF APPEAL

The grounds of appeal filed by counsel for the appellant are contained in the notice of appeal filed on 13th December 2024. They are as follows:

1. That the ruling cannot be supported having regard to the evidence.

2. That the learned trial judge erred in law when he called upon the Accused/Appellant to open his defense when a prima facie case had not been established by the prosecution against him.

The Appellant in the notice of appeal stated that additional grounds will be filed upon receipt of the record but no additional grounds were filed.

BRIEF FACTS

The facts of the case are that the complainant, is a businessman and a resident of Offinso in the Ashanti Region. The accused herein after referred to as the appellant, Stephen Boateng, is the Chief Executive Officer of Rapid Security Limited and a resident of Community 8, Tema.

In the year 2006, the complainant negotiated to buy a house numbered 118, situate at West Legon, Accra, belonging to Emile Denkyi Mireku for USD $135,000. The complainant and the said Emile Denkyi Mireku agreed for the complainant to pay in instalments till the final payment when documentations of the house will be transferred to the complainant. The complainant began to make payment as agreed upon but was unable to complete his payment prior to the death of Emile Mireku. Emile Denkyi Mireku was succeeded by Nana B. B. Ofosuhene. The complainant continued to make payments for the house to him but he was once again unable to complete the payment prior to the death of Nana B. B. Ofosuhene.

The appellant surfaced and introduced himself to the complainant as the successor of B.B Ofosuhene. Upon meeting the complainant, the appellant informed him that he will terminate the agreement complainant had with his two predecessors and re buy the house since full payment had not been made. Since the complainant did not have the money to pay the balance outright, he unwillingly agreed and re-sold the house for USD $100,000 to