Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE REPUBLIC
V.
JAMES ARTHUR

(2011) JELR 65440 (CA)    
Court of Appeal  ·  CRIMINAL APPEAL NO. H2/4/2010 ·  28 Jan 2011 ·  Ghana
CORAM
MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.

Ratio Decidendi

Core Terms Beta
respondent
evidence
prosecution
reasonable doubt
counsel
trial court
trial judge
confession statement
learned trial judge
doubts
guilt of the respondent
accused person
exhibit c
actual value of the damage
grounds of appeal
investigation caution statement
part of the building
swampy area
unlawful damage
acquittal of the accused person
additional grounds
caution statement
caution statement of the respondent
civil court
close of the case
criminal appeal
criminal appeals
criminal offences act
earlier confession
end of the trial
evidence act
facts of the case
f.g. korbieh
first ground of appeal
francis g. korbieh
investigation of crimes
judgment of the high court
judgment part
main reason
natural reserve
offence afore
place of the children
prima facie case
probable explanation
second ground of appeal
sets of statements
sufficient evidence
supreme court
sworn testimony
trial court ought

F.G. KORBIEH, J.A.

The appellant herein is the Republic. It has appealed against the judgment of the High Court, Kumasi presided over by K.A.Pobih, J who had acquittd and discharged the respondent from the charge of causing unlawful damage to a partially completed building on plot no. 32, Block F, Ampeyoo. The facts of the case, as presented by the prosecution to the trial court may be summarized as follows: there was a dispute between the complainant, one Joseph Oppong, and the respondent over the ownership of a parcel of land on part of which the respondent had planted some oil palm trees. After the respondent refused to remove his palm trees from the land, the complainant felled twenty of the trees and proceeded to build a six-bedroom house on the land. The building was worth one hundred and fifty million (old) cedis. He later went back to Australia from where he had come. On the 8/9/2002, the complainant returned from Australia to roof the house only to see it had been demolished. …

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