[2017]DLHC17241 • July 31, 2017 • High Court
KWADWO OSEI vs. THE REPUBLIC
The appellant, a driver residing in Aboabo, was accused of stealing a KIA Avella taxi owned by the victim, a project officer with Hunger Project Ghana. The vehicle was initially handed over to a caretaker, then to a driver known as 'Flat Body', who subsequently gave it to the appellant for commercial use but failed to return it. The appellant was traced to Adenta but refused to return the vehicle or disclose the person he claimed to have handed it to.
read moreJUDGMENT INTRODUCTORY BACKGROUND [1] The Victim is the project officer with Hunger Project Ghana, an NGO based in Birim North and the Appellant is a driver who resided at Aboabo, a suburb of Oda. The Victim owned a KIA Avella taxi with registration number AS 5784 Y and employed one Kojo Korankye, who resided at Oda, as caretaker of the taxi. On 25 February 2013, the caretaker handed over the vehicle to a driver known as ‘Flat Body’ to use same for commercial purpose. According to the facts, after obtaining another job ‘Flat Body’ handed over the vehicle to the Appellant to use for commercial purposes but failed to return same. After a complaint was lodged, the Police received information that the Appellant was hiding at Adenta in Accra who was traced to his hideout. The Appellant failed to return the vehicle or produce the person whom he claimed he had given same. [2] The Appellant was tried by the Circuit Court, Akim Swedru and convicted for stealing. After being found guil...