REPUBLIC VRS AGBOLOSOO (B3/05/2023) [2022] GHADC 419 (23 November 2022)

Key Facts

Issues

• Whether the complainant's unilateral management of his late father's properties as 'family secretary' constituted intermeddling, a criminal offense under the law.
• Whether the deceased father's properties should be shared equally among all surviving children alive at the time of his death, as mandated by the Intestate Succession Act, 1985 (PNDC Law 111).
• Whether the accused's threats to the complainant were justified under Section 39 of the Criminal Offences Act, 1960 (Act 29) for defending the 33 farm beds in his possession against the complainant's unauthorized presence.

Holdings

• The accused was acquitted and discharged, as their actions were deemed lawful under the defense of property provisions in Section 39 of the Act. The court concluded the accused did not commit a misdemeanor under Section 74 due to the complainant's unlawful conduct.
• The court ruled that the complainant (Mr. Moses Gagba) must be stripped of authority to control all properties of his late father, emphasizing that unauthorized interference with deceased property constitutes a crime of intermeddling.
• The court determined that the accused was justified in using threats to ward off the complainant from the 33 farm beds under Section 39 of the Criminal Offences Act, 1960 (Act 29). This justification stems from the complainant's provocative actions and the accused's effective control of the farm beds.
• The court ordered equal sharing of the deceased father's properties among all surviving children at the time of his death, referencing the Intestate Succession Act, 1985 (PNDC Law 111) as a potential framework for distribution.

Remedies

• The complainant and all his other surviving siblings who were alive at the time of their father's demise are ordered to share their father's properties equally, in accordance with the Intestate Succession Act if applicable.
• The complainant is hereby stripped of the power to control all of his late father's properties, as his actions were deemed unlawful.
• The accused is justified in resorting to threats to ward off the complainant, Mr. Moses Gagba, from the 33 farm beds in his possession, as per Section 39 of the Criminal Offences Act.
• The accused is acquitted and discharged, as he was justified in using threats to ward off the complainant from the 33 farm beds in his possession.

Legal Principles

• The court recognized the crime of intermeddling, which involves unlawfully dealing with the properties of a deceased person without legal authority. The complainant's unauthorized control and distribution of his late father's assets were condemned, with the court ordering an equitable division among surviving children in accordance with the Intestate Succession Act, 1985 (PNDC Law 111).
• The court applied Section 39 of the Criminal Offences Act, 1960 (Act 29), which permits the use of reasonable force for the defense of property or possession. The accused's threats were deemed justified to repel the complainant's unlawful attempt to take possession of the 33 farm beds, as the complainant had entered the property without authorization and refused to depart despite being lawfully required to do so.

Cited Statute

Judge Name

Passage Text

• His demeanor before the Court depicted that of someone with too much POWERS at his disposal... the conduct of the complainant was highly provocative.
• THE ACCUSED IS JUSTIFIED IN RESORTING TO THREATS TO WARD OFF THE COMPLAINANT, MR. MOSES GAGBA FROM THE 33 FARM BEDS IN HIS POSSESSION.
• It took the Accused person's two Uncles Mr. FREEMAN GAGBA and Mr. EDWIN GAGBA to redeem the encumbered Farm beds from Pledge... Mr. EDWIN GAGBA informed the Court that, they committed them into the care of the Accused.