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JUDGMENT
JUDGMENT
The Accused Persons herein were charged with three offences; Conspiracy to commit
crime contrary to section 23(1) of Act 29; Fraudulent Land Transaction under section
34(a) & b of the repealed Land Registry Act, 1962, Act 122 and Non-Confirming Land
Allocations and Transactions contrary to section 105 (2) and (3) of Local Government
Act 936 of 2016.
According to the particulars of offence on count one, in the year 2014, at Whindo in the
Western Magisterial District and within the jurisdiction of this court, the accused
persons did agree to act together with a common purpose to commit a crime to wit:
Fraudulent Land Transaction and Non-confirming Land Allocation.
Per the particulars for the charge of Fraudulent Land Transaction, on the
aforementioned date at Whindo, within the jurisdiction of the court, the accused
persons knowing that they are not the rightful owners and also have no title to a
portion of land located at Whindo belonging to Nana Kwapong Aboah did fraudulently
lease the said land to some unknown developers.
For count 3 the particulars are as follows: In the year 2014, at Whindo within the
Magisterial District and within the jurisdiction of this court, the accused persons
subdivided an approved planned scheme land which does not belong to them or have
no title and sold same to people for developing.
The accused persons pleaded not guilty to the charges after they were read and
explained to them in fante. The 1st Accused Person in the course of the trial differently
constituted changed his plea and was convicted and sentenced. Subsequently, he
became the second prosecution witness when the case was started de novo.
BRIEF FACTS
Per the alleged facts, the complainant Nana Kwampong Aboah II privately known as
Sandy A. Mensah is a Land Administrator living at Anaji whilst accused person
Abusuapanyin Francis Kudjoe is the family head of the Ebiradze family of
Kwesimintsim. Accused person Opanyin Kojo Kumfo is an elder of the family whilst
accused persons John Larbi alias Brother Kwame and Brother Kojo also known as
Kunzuah, now at large are members of the family. In the year 2014, accused persons
headed by late Abusuapanyin Ekow Begoro approached the complainant to assist in
ensuring that their family land at Whindo is legally registered by way of statutory
declaration at Lands Commission, Sekondi as well as properly plan same by the Town
and Country Planning Department. The complainant engaged all the pro