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ALIPUI AND OTHERS V. THE REPUBLIC

(1990) JELR 67245 (HC)

High Court  •  21 Jun 1990  •  Ghana

Coram
MENSAH J.

Appearances
MENSAH-ETSI FOR THE APPELLANTS; MISS KWAWUKUME SENIOR STATE ATTORNEY FOR THE REPUBLIC.

Judgement

MENSAH J.: This is an appeal filed by the appellants against the ruling or order of the District Magistrate Court Grade I, Keta dismissing the submission of no case made by the appellants’ counsel. The main ground of appeal is that the learned trial magistrate’s order is unreasonable having regard to the evidence.

The brief facts of the case are that the complainant and the paternal aunts of the appellants litigated over a piece of land before the Circuit Court, Denu. Then on 28 March 1988 the said circuit court gave judgment in favour of the aunts of the appellants and on that day the appellants went onto the disputed land and caused damage to some economic trees thereon. They further destroyed some moulded blocks and cut down the fence of the complainant. A report was made to the police by the complainant and the appellants were charged before the District Magistrate Court Grade I, Keta.

After the complainant had testified before the trial court, counsel for the appellants did not cro…

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