THE REPUBLIC v. JAMES GADZI ADUKPO

BACKGROUND

On 16th of September,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 Hanua Bedzo

is a 67-year-old farmer and a resident of Tadzi whiles the accused James Gadzi Adukpo

is a Lotto agent from Ehi.

The Prosecution stated that the parties have been involved in a litigation over land for

some time now and that on the 7th day of April, 2022 the complainant engaged the services

of a tractor to plough his farm for him.

The Prosecution stated that the complainant planted maize on the land which had started

germinating but the accused knowingly caused the land to be re-ploughed, causing

damage to the complainant’s seeds.

The Prosecution stated that the complainant reported the incident to the police and the

accused was arrested but he denied the offence and stated that the land belongs to him.

The prosecution stated that the accused was arraigned before the court for prosecution

after investigations.

THE CASE OF PROSECUTION

The prosecution relied on the evidence of the complainant Hanua Bedzo as his first

witness (PW1), Christian Lumor Adzagba as a second witness (PW2) and the police

investigator Detective Corporal Ernest Oppong as a third witness (PW3).

In his evidence in chief PW1 stated that he inherited a parcel of land from his late father

Korshie Bedzrah and has been farming on same after his death till date.

PW1 stated that on the 7th of April, 2022 he engaged the services of a tractor to clear the

land for him after which he cultivated cassava and maize.

PW1 stated that on 12th April, 2022 he visited the farm between the hours of 12:00 noon

and 1:00pm and detected that the land had been re-ploughed causing damage to his

seedlings.

PW1 stated that he confronted the accused about the development but he declined to

speak on the matter so he reported him to the police.

In his evidence in support of the case of Prosecution, PW2 stated that there has been no

previous misunderstanding between the complainant and the accused and that there is

no land litigation between them.

PW2 stated that on the 12th of April, 2022 the complainant requested that he escorts him

to his farm in Tadzi after they had both returned from the Denu High Court.

PW2 stated that on their arrival at the farm they saw the accused on the farm with tw