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JUDGMENT
J U D G M E N T
The Accused persons was arraigned before this Court, charged with the offence of
Threat of Death: Contrary to Section 75 of the Criminal and Other Offences Act 1960 (Act 29).
The Accused person pleaded not guilty to the charge after same was read and explained
to her.2
BRIEF FACTS OF THE CASE
The complainant in this case Charles Sarfohene Dontoh is a Clearing Agent and lives at
Adafienu. Accused Mama Tohagbe is a trader and lives at Avoeme. In 2017, the complainant
bought three and half plots of land situated at Agblekpui from Abede family and was issued
with the necessary document. Later, the accused also went and said that two plot of same
land was sold to her by one of the family members.
Investigation revealed that the family decided to relocate the accused but she refused and
said she will still take the two plots out of the complainant three and half acres’ land. On
09/01/2023, complainant went to work on his land with the witnesses in this case. Suddenly,
the accused surface and told the complainant not to step his feet on the land again. Accused
then threatened the complainant with word that she will kill him. Accused was cautioned by
a witness in this case that if she is aware her statement is criminal. The complainant came
and reported the case to the Police and accused was arrested. Accused admitted going to the
land on the said date and met the complainant and witnesses but denied the offence of threat
of death in his investigation cautioned statement. However, the complainant produced his
witness to buttress his case. After investigation, accused was charged with the offence as
contained in the charge sheet and now before this Honourable Court.
The prosecution called three (3) witnesses in support of its case.
PW1, Charles Sarfohene Dontoh told the Court that he bought three and half acres of
land located at Agblekpui off the Diamond Cement Factory Area in 2017 from the Abede
family and was issued with the requisite documents.
From PW1, he later got to know that two plots out of the land had been sold to a certain
man and a woman out of his plots. PW1, avers he then reported the issue to the family and
they assured him they would relocate them.
From PW1, whilst the man accepted the relocation, the woman herein, the accused refused
to accept the new plot.3
PW1 avers on 09/01/2023 around one 1:00pm, he together with four (4) others together with
a surveyor went to the land to erect corner pillars a