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June 26, 2023
DISTRICT COURT
GHANA
CORAM
BACKGROUND
On 25th of October,2022, the accused person was arraigned before this Court on a charge
of causing unlawful damage contrary to section 172 of the Criminal Offences Act, 1960
(Act 29).
BRIEF FACTS
The brief facts attached by the prosecution disclosed that the complainant Francis
Nutornutsi, a 50-year-old trader and the accused Ati Fortude, a 70-year-old farmer are
both residents of Tadzewu in the Ketu North Municipality of the Volta Region.
The Prosecution stated that, the complainant who had inherited a parcel of land from his
grandmother detected that some unknown persons were stealing plantain on the land.
The Prosecution stated that the complainant visited the land and realized that portions
of it had been dug with some plantain trees uprooted and upon his personal enquiries
discovered that the accused person was responsible for the damage.
The Prosecution stated that the complainant reported the incident to the police and the
accused was arrested but he denied the offence and was arraigned before the court for
prosecution after investigations.
THE CASE OF PROSECUTION
The prosecution relied on the evidence of the complainant, PW1 and the police
investigator Michael Governor, PW2.
In his evidence in chief PW1 stated that on the 8th of September, 2022 he visited the land
he inherited from his late father and found out that trenches had been dug on the land
with parts of his plantain destroyed.
PW1 stated that his own enquiries revealed that it was the accused who caused the
damage so he reported the incident to the police.
PW2 stated that he was the investigator on duty at the Tadzewu Police station when the
case was reported and referred to him for investigation.
PW2 stated that upon his arrest, the accused denied being responsible for the offence in
his cautioned statement.
The prosecution tendered through PW2, the cautioned statement and charge statement
of the accused as well as a photograph of the scene of crime which were adopted as
Exhibits A, B and C.
DEFENCE OF THE ACCUSED
In his witness statement filed on 11th May, 2023, the accused stated that the mother of the
complainant was granted permission by his father to cultivate the land on crop sharing
terms until she died.
The accused stated that after the demise of the complainant’s mother, they wrote to her
children and the head of their family to stop cultivating the land.
The accused stated that, he took over the cultivation of the land and planted
AI Generated Summary
Francis Nutornutsi reported damage to his plantain farm and alleged that Ati Fortude was responsible. At trial, Nutornutsi’s account shifted from learning through personal enquiries to claiming he actually saw Fortude and his children destroy the plantains. Detective Corporal Michael Governor testified that it was difficult to establish Fortude’s responsibility. Fortude denied the offence, asserted his family’s ownership and prior crop-sharing permission, and presented a notice to the Nutornutsi family; DW2 corroborated family ownership and developer activity. Applying Evidence Act burdens and Act 29’s definitions of “damage” and “unlawful,” and the Homenya principle that civil ownership disputes negate criminal unlawfulness, the magistrate found PW1’s evidence inconsistent and uncorroborated. The court held the prosecution failed to prove involvement beyond a reasonable doubt and dismissed the charge, acquitting Fortude.