[2025]DLCA18391July 14, 2025Court of Appeal

AKWASI OPPONG vs. THE REPUBLIC

The appellant, Akwasi Oppong, was charged with stealing a Kia Pride Taxi Cab valued at GH₵7,000.00, alleged to have been stolen in 2018 from Yaw Manu Transport Limited. The appellant claimed the vehicle was a gift from his late father, the CEO of the company, in 2013. The prosecution presented three witnesses alleging theft and sale of the vehicle. The trial court dismissed the appellant's no case submission and called on him to open his defence. The High Court upheld this ruling without giving reasons. The appellant appealed to the Court of Appeal.

read more

JUDGMENT MENSAH-HOMIAH, JA INTRODUCTION This matter comes before us on an interlocutory appeal from the ruling of the High Court, Kumasi, dated 20 December 2022, dismissing the Accused Person/Appellant’s (Accused Person) submission of no case to answer. Aggrieved by the said ruling, the Accused Person invoked our jurisdiction by a Notice of Appeal filed on 6 January 2023 on the following grounds: a) The ruling/decision of the High Court cannot be supported in view of the evidence (sic) at the trial. b) The learned judge erred in not giving reasons for his decision. c) The evidence on record does not support the ruling of the High Court that the prosecution was able to establish a prima facie case against the Accused Person to open his defence. d) The learned High Court Judge erred in holding that the prosecution was able to establish a prima facie case against the Accused Person to open his defence. THE ANTECEDENTS On 19 December 2019, the prosecution filed a charge sheet .....