NANA KWARTENG AMANING AND OTHERS
V.
THE REPUBLIC

(2012) JELR 63888 (CA)    
Court of Appeal  ·  SUIT NO: H2/04/2012 ·  29 Jun 2012 ·  Ghana
CORAM
MARIAMA OWUSU J.A. (PRESIDING), FRANCIS KORBIEH J.A, IRENE DANQUAH J.A
Core Terms Beta
appellants
land
counsel
evidence
accused persons
high court
hard labour
sentence
kumasi traditional council
prison term
trial judge
circuit court
trial court
high court judge
justice of appeal
sentences of the appellants
accused person
custodial sentence
decision of the circuit court
grounds of appeal
higher punishment
land title act
mariama owusu
reasonable doubt
trial
view of the pendency of the case
additional circuit court judge
additional grounds of appeal
adwoa bona family of kwanwoma
appellants fail
arguments of counsel
conviction of the appellants
criminal trial
facts of the case
findings of the high court
francis k krobieh
francis k. krobieh
good faith
grant of pieces of land
j.a
learned trial judge
mother akosua agyekwa
nana kofi agyei iv
portion of the said land
receipt of the record of appeal
submissions of counsel
view of the court

MARIAMA OWUSU, J.A: On 16-8-2010, the Circuit Court, Kumasi, found the 3 accused persons guilty on the charges of conspiracy to commit crime, to wit; fraudulent Transactions in Land, contrary to section 23 of Act 29/60 and section 34 (a) of Act 122/62 of Land Title Act and making a grant of pieces of land to which you have no Title; contrary to section 34 (a) of Act 122/62 of Land Title Act. They were found guilty and convicted accordingly.

In his judgment, the trial High Court Judge who sat as additional Circuit Court Judge held among other things that:

“In view of the pendency of the case at the Kumasi Traditional Council, the accused knew that they have no unencumbered land to sell to the public. The court is of the view that the accused persons conspired to sell the land and prepared the forged allocation papers and site plan which they all signed. Pursuant to their design, they sold lands they knew they had no title to. The prosecution, in the view of the court, was able to prove t…

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