THE REPUBLIC v. PRINCE ASIAMAH MINTAH AND NANA OBENG YEBOAH
2023
CIRCUIT COURT
GHANA
CORAM
- HER HONOUR AFIA OWUSUAA APPIAH (MRS
Areas of Law
- Criminal Law and Procedure
- Property and Real Estate Law
- Evidence Law
2023
CIRCUIT COURT
GHANA
CORAM
AI Generated Summary
This criminal case in the Circuit Court concerned land at Tema Community 18 and an uncompleted eight-bedroom house built by Alex Asenso, left in the care of Paul Tetteh Nyewunu. Records at Tema Development Corporation (TDC) showed the land was state property leased to Alexander Yaw Kudjiku. After failed negotiations to repurchase, Kojo Danso sold the land to Prince Asiamah Mintah and Nana Obeng Yeboah, who derived title through Hamlets Limited and TDC. Relying on a TDC permit authorizing demolition of an existing two-storey dwelling and due diligence (including Ghana Home Loans searches), the accused hired a bulldozer and demolished the structure. Assenta Property Consulting valued the reinstatement at GHC 525,000. Applying sections 23, 172, 173, and 174 of Act 29 and Evidence Act principles, and citing authorities like Akilu, Okoe, and Homenya, the court held the prosecution failed to prove unlawful damage and accepted a claim-of-right defence, acquitting both accused.
JUDGEMENT
Accused person herein stands before the court on two counts of offences,
namely conspiracy to commit crime to wit causing unlawful harm contrary to
sections 23(1) and 172(1) of the Criminal Offences Act 1960, Act 29
(hereinafter referred to as Act 29), and causing unlawful damage contrary to
section 172(1)(b) of Act 29. Accused persons pleaded not guilty to the offence
after same was read to them in English.
Prosecution’s facts of the case attached to charge sheet is that During the year
2007, one Alex Asenso bought a parcel of land situate at Tema Community 18
from one Wulomo Borketey Larweh of Nungua Traditional Council and put
up an uncompleted eight (8) bedroom on same and left it in the care of
complainant Paul Tetteh Nyewunu. Alex Asenso received ground rent in the
name of Alexander Yaw Kudjiku from Tema Development Corporation and
therefore approached the latter. Mr Kudjiku agreed to resell the land to him
but negotiations could not yield any fruitful results. The land was eventually
sold to one Kojo Danso who also resold same to accused persons whilst the
building of Alex Asenso was still on the land. On the 15/7/2018 at about 7am,
accused persons without due diligence took the law into their own hands,
hired an excavator to the land and pulled down the entire eight bedroom
house which was even housing people. Complainant reported the matter to the police and accused persons were arrested. During investigations, Assenta
Property Consulting conducted valuation and gae the value as GHC525,000.
Accused persons admitted causing the damage to the building but asserted
they were the rightful owners to the land but could not produce any lawful
order to support their actions. After investigations, accused were charged
with the offences supra. At the close of prosecution counsel for accused
Prosecution filed submission of no case to answer.
In a criminal trial and unless a statute otherwise states, the burden of proof is
always on the prosecution since it is the prosecution that asserts a
wrongdoing on the part of the accused person. Though this is a long standing
position of the law, it can be said to be the direct effect of section 15(a) of the
Evidence Act, 1975, NRCD 323 that “Unless it is shifted the party claiming that a
person has committed a crime or wrongdoing has the burden of persuasion on that
issue.”
Section 11(2) of the Evidence Act, 1975, NRCD 323 (hereinafter referred to as
NRCD 323) with specific