Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



EVANS ASIEDU AIKINS AND 2 OTHERS
V.
THE REPUBLIC

(2015) JELR 69597 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H2/3/2015 ·  4 Jun 2015 ·  Ghana
CORAM
MARFUL-SAU J. A (PRESIDING), ACQUAYE, J.A. , TORKORNOO J. A.

Ratio Decidendi

Core Terms Beta
cheques
appellants
reasonable doubt
court
evadox ltd
ltd
submission of no case
sufficient evidence
accused persons
akim oda
bank drafts
ghana cocoa marketing board
ghana commercial bank
learned trial judge
reasonable mind
record of appeal
virtue enterprises ltd.
accounts of virtue enterprises ltd.
accused refuse
akim oda branch of barclays bank
bank balance of virtue enterprises ltd
call witnesses
civil action
close of evidence
close of the evidence
close of the prosecution
criminal trial
cross examination
director of a company
essential element
essential elements of the alleged offence
established principle of law
evadox limited
evadox ltd. both
evidence act
human body
immediate access
lesser standard of burden
much argument
nsawam branch of barclays bank
offences act
prosecutions’ case
prosecution witness
sections
subsequent testimony of the accused

JUDGEMENT

TORKORNOO, J. A

The appellants were charged with conspiracy to steal and stealing contrary to sections 23 (1) and 124 and section 124 (1) respectively of the Criminal and Other Offences Act 1960, Act 29. The 1st appellant is a director of a company called No One Can Know Ltd, also called Evadox Ltd. Both 1st and 2nd Appellants are directors in Virtue Enterprises Ltd. The 2nd Appellant is the son of the 1st Appellant. No One Can Know Ltd/Evadox Limited has accounts with the Nsawam branch of Barclays Bank while Virtue Enterprises Ltd. has an account with Ghana Commercial Bank in Akim Oda and Nsawam. The 3rd appellant is a Data Capturing Officer with the Akim Oda Branch of Barclays Bank.

Barclays Bank granted certain facilities to No One Can Know Ltd./Evadox Ltd which allowed cheques paid to the company to be treated as bank drafts over which the company had immediate access and value, even before the cheques are cleared. This facility was up to GH2,500,000.00.

On 3rd January 2008,…

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