PRINCE KOFI AMOABENG vs NANA OTUA SWAYNE, D. S. P. AIDAN DERY AND 2 ORS

JUDGMENT Let me say from the onset that the principal actors in this case, the applicant and the 1st respondent are very passionate about this case. To each one, his or her case is strong and solid enough to win the day. While the 1st respondent feels strongly that she has been done in; and has been painfully swindled of her inheritance by the applicant and his cohorts and therefore ought to be prosecuted, the applicant thinks that his conduct cannot ground an action in crime. Consequently, the applicant is of the view that his criminal prosecution before the Circuit Court on a charge of: Fraud as to thing pledged or taken in execution contrary to section 143 of the Criminal Offences Act 1960 (Act 29) infringes his fundamental human rights. Now, the two unyielding disputants are before this court seeking justice. A very heavy load has been placed on my hand to deliver justice. I hope that in this judgement the truth and nothing but the truth would be told. Before I proceed, ...