[2005]DLCA1021 • July 8, 2005 • Court of Appeal
REPUBLIC vs. CIRCUIT COURT, KOFORIDUA; EX PARTE DIDIEYE III
The appellant was charged with forgery, possession of forged document, and uttering forged document concerning a document ('A report on enquiry into Akwamus and Kwahu’s Land Dispute 1845') which had been previously declared authentic by the High Court and Court of Appeal in civil suits affirming the appellant's family's land ownership. While a civil appeal was pending before the Supreme Court, the respondent alleged the document was forged, leading to criminal charges against the appellant. The appellant sought prerogative writs to prohibit the criminal trial and quash the proceedings, which the High Court refused, prompting this appeal.
read moreJUDGEMENT Akamba JA. This is an appeal against the ruling of the High Court, Koforidua, delivered on 9 April 2003. The gist of the facts, as gleaned from the record of appeal, are that on 26 February 2002 the appellant herein was arraigned before the Circuit Tribunal, (now Circuit Court) Koforidua on three counts of forgery, possession of forged document and uttering forged document contrary to the appropriate provisions of the Criminal Code, 1960 (Act 29). The appellant pleaded not guilty to all the charges levelled against him. The subject of the forgery charges is a document entitled, “A report on enquiry into Akwamus and Kwahu’s Land Dispute 1845” (hereinafter referred to as exhibit A.) Exhibit A was first the subject of civil litigation before the Kwahu Traditional Council and subsequently in two suits at the High Court. In the two suits before the High Court, the appellant obtained judgment following the court’s declaration that exhibit A was authentic and genuin...