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February 17, 2023
CIRCUIT COURT
GHANA
CORAM
JUDGMENT
The accused person was charged with stealing contrary to Section 124 (1) of the Criminal
Offence Act 29/60 (Act 29)
The Particulars of the offence are as follows:- Abdulai Amadu : Age 447 years , Herdsman:
For that you in the month of May 2022 at Agona Swedru in the Central Region and within
the jurisdiction of this court, did dishonestly appropriated 13 cattle valued GHc78,000.00
, the property of Simon Ankapong
The accused person pleaded not guilty
Brief facts of the case are the complainant Simon Ankapong lives at Dunkwa Offin. The
Accused person lives at Nyamedan a suburb of Agona Swedru. In the year 2020, the
complainant father late Mr Simon gave 15 cattle valued 90,000.00 to the Accused person
to take care of them at Nyamedan a section of Agona Swedru. In the year 2021, the owner
Mr Simon passed on and the complainant together with the family members came andtook two cattle for the funeral activities. After the funeral the deceased successor one
Nana Acquah Manu also a witness in this case together with other family members
including the complainant came to Nyamedan and saw the thirteen cattle inside the kraal.
The family informed the accused person of their intention to sell the thirteen cattle of
which the accused promised to give them a buyer from Kasoa who will buy the said
thirteen cattle in bulk. During the month of May 2022, the complainant came to
Nyamedan and found out that, the thirteen cattle were not inside the kraal. He contacted
the accused person but his mobile phone was inactive. That several attempt make to get
in touch with the accused proved futile. A report was made to the Police, Agona Swedru
and investigation was commenced into the matter .Accused person was subsequently
arrested for investigation. In his investigation caution statement, he admitted the offence
but failed to lead police to arrest the dishonestly receivers. After investigation, accused
was charged and put before this honorable court. (Sic)
Prosecution called three witnesses and tendered three exhibits, caution statement,
photograph of Accused and charge statement.
Accused testified without calling any witness
The gist of prosecution case is that the Accused is a herdsman and he was given 15 cows
to take care of for the complainant’s father and when the complainant’s father passed the
family members came for two cows from the Accused for the funeral rites and after the
funeral rites, Pw1 came and saw the remaining 13 cows in
AI Generated Summary
This Circuit Court judgment concerns herdsman Abdulai Amadu, who was prosecuted in Agona Swedru for stealing 13 cattle belonging to the family of the late Mr. Simon, represented by complainant Simon Ankapong and successor Nana Acquah Manu. Mr. Simon had given Amadu 15 cattle to care for; after two were taken for funeral rites, 13 remained in the kraal. The family informed Amadu they intended to sell the cattle, and he promised to find a bulk buyer. In May 2022 the cattle disappeared and Amadu could not be reached. He was arrested and, in a caution statement, admitted selling the cattle without the family’s knowledge, citing hardship, while inconsistently claiming some had died. Applying Act 29 and NRCD 323, the court found dishonesty and appropriation of property belonging to another proven beyond reasonable doubt, convicted Amadu of stealing, and imposed eight years’ imprisonment in hard labour.