THE REPUBLIC v. KWESI ADJEI AND DANIEL MENSAH

The accused persons were arraigned before this court charged with one count of

stealing contrary to section 124(1) of Act 29. They pleaded not guilty to the charge. It

was the result of the plea leading to a full trial for evidence to be taken which has

culminated in this judgment.

The facts of this case as contained in the charge sheet and as narrated by the

prosecution was that the complainant and accused persons are litigating over a parcel

of land lying at Agona Ahomadonko. On 13th December, 2022, while the complainant

was at home, the accused persons went to his cocoa farm on the said land and

harvested a quantity of cocoa pods valued GH¢650 claiming that the cocoa farm is on

their land. While conveying the fresh cocoa beans home, complainant spotted the

accused persons and made a report to the police leading to their arrest. After

investigations, the accused have been charged with the offences.

In proof of these facts, the prosecution called the complainant, whose name was given

as Richard Kofi Aidoo as its first witness (PW1). Prosecution further called the

investigator who gave evidence as PW2 and one Kofi Appiah as PW3. The case of the

prosecution as evidenced from the witnesses called on its behalf is that there is a

litigation over a piece of land at Ahomadonko. That the accused have laid claim to the

land. That they have rejected the authenticity of the documents which he presented to

the panel of chiefs. On 14th October 2022, the omankrado and his panel members ruled

that the entire land was going to be divided into two for the family of the accused and

PW1. That PW1 objected to it. That the accused persons went to PW1 and attacked him

not to step foot in the farm again. That the chiefs took money from the accused persons

and changed their verdict and instructed the accused to take the land. That PW1 went

onto the farm but accused persons attacked him and threw his phone into the bush and

assaulted him. That on 13th December 2022, PW1 went to the farm to water his

seedlings. Accused persons attacked him with cutlasses and warned him to leave the

farm. The accused later went to PW1’s farm and harvested the cocoa belonging to PW1

without his consent. That PW1 lodged a complaint against the accused persons and

when the farm was visited, they retrieved some of the cocoa beans from the accused.

During the cross-examination that followed, counsel for the accused maintained that

the land belongs to the accused and that t