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AMPAH AND ANOTHER
V.
THE REPUBLIC

(1976) JELR 67869 (HC)

High Court 19 Dec 1976 Ghana
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- The Court of Appeal affirmed convictions for stealing under ss. 120(1), 124(1), and 125 of the Criminal Code, 1960 (Act 29), holding that dishonest appropriation is established by proof of either intent to defraud or lack of consent of th

Case Details

Judges:ABBAN J.
Counsel:U. V. CAMPBELL (N. AKUFO-ADDO WITH HIM) FOR THE FIRST APPELLANT. V. BUCKLE FOR THE SECOND APPELLANT; KALEO BIO PRINCIPAL STATE ATTORNEY (WITH HIM OPOKU KANKAM ASSISTANT STATE ATTORNEY) FOR THE REPUBLIC.

ABBAN J.

This is an appeal from the judgment of the Circuit Court, Accra. The appellants were employed by the Chamber of Mines, hereinafter referred to simply as the Chamber, and they were based in Accra. The first appellant was the executive-director of the Chamber, while the second appellant was the accountant. The appellants and one Colonel Bean, a director and consultant of the Chamber, were the signatories to the cheques of the Chamber. The second appellant was the first signatory, the first appellant was the second and the said Colonel Bean was the third signatory.

According to the standing orders which the Chamber gave to the banks of the Chamber, any cheque signed by the second appellant as the accountant and counter-signed either by the first appellant, as the executive-director, or by Colonel Bean was to be accepted as genuine. In other words, any cheque of the Chamber with the signatures of the appellants on it was to be considered valid. The authority to sign cheques for an…

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