HOMENYA vs. THE REPUBLIC

JUDGMENT OF ACQUAH J. The appellant herein was arraigned before the Circuit Court, Hohoe charged with the offences of causing unlawful damage contrary to section 172(1) (b) and threat of harm contrary to section 174 of the Criminal Code, 1960 (Act 29) respectively. He pleaded not guilty to both charges and was tried and acquitted of threat of harm but convicted of causing unlawful damage. He was then sentenced to a fine of ¢100,000 or two months’ imprisonment with hard labour and in addition he was ordered to execute a bond of ¢400,000 with one surety to be of good behaviour for one year or two months’ imprisonment with hard labour. The facts of the case are that the first prosecution witness, an elderly woman, had put up her house on a portion of a stretch of land at Kpando Gadza, while the appellant farms on the adjoining portion. There are apple trees on this land which the first prosecution witness claims she planted to fence her building. On 6 September 1989, while the fir...