THE REPUBLIC v. FIDELIA FLOVI & ANOTHER

BACKGROUND

On 11th of June,2020, the accused persons were arraigned before this Court on a charge of

trespass contrary to section 157 of the Criminal Offences Act, 1960 (Act 29).

BRIEF FACTS

The brief facts attached by the prosecution disclosed that the complainant Kwame Flovi

is a 54-year-old farmer and a resident of Flovikorpe in Weta whilst the accused persons

Fidelia Flovi and Akakpo Tsipote are 59 years and 48 years respectively and residents of

Flovikorpe and Morkorpe in Weta.

The facts indicated that the complainant has a vast land at Flovikorpe which he secured

judgment over against one Dotse Apetsi and Torgbui Ashiakpor IV.

The prosecution stated that the complainant after the judgment sold a portion of the land

to one Mawu Xesumale who immediately caused a trip of sand to be deposited on his

purchased land.

The Prosecution that whiles in his house a day after the sale of the land, the complainant

was informed by the buyer that the accused persons had trespassed on to the land he

purchased and erected red flags on it.

The Prosecution stated that complainant upon confirmation made a report to the police

and the accused persons were arrested.

The Prosecution stated that A1 admitted the offence but stated that the land in issue was

her farmland. A2 was stated to have denied the offence and stated further that it was

Torgbui Ashiakpor the paramount Chief of Weta who instructed him to tell A1 and

family to erect the flags on the land.

Both accused persons were arraigned before the court after investigations for

prosecution.

THE CASE OF PROSECUTION

The prosecution relied on the evidence of the complainant as its firs witness and the

police investigator Theodore Effah Abayie as a second witness.

In addition to their witness statements, cautioned statements and charge statements of

the accused persons were tendered in evidence and adopted as Exhibits A, A1, B and B1.

Other documents tendered and adopted in evidence included a photograph of the scene

of crime and a copy of the judgment of the court marked Exhibits C and D.

In his evidence in chief PW1 stated that he is the owner of a vast land situated at

Flovikorpe in Weta opposite the District Hospital.

PW1 stated that on the 27th of February, he sold a portion of the land measuring 100×70

to one Mawu Xesumale.

PW1 stated that after the sale he received a call from the buyer who informed him that

some persons have gone to erect poles tied with red pieces of cloth on th