The learned silk submitted that the 1st issue is distilled from
ground 2 of the appellant’s grounds of appeal, while the 2nd
issue is distilled from ground 3 of the appellant’s grounds of
appeal. No issue was formulated in respect of ground 1 of
the appellant’s grounds of appeal as some has been
abandoned.
Like the appellant’s counsel, the respondent’s
Like the appellant’s counsel, the respondent’s counsel also formulated
2 issues for determination in this appeal and are hereby reproduced
below as follows:The defence counsel in his adopted written address, formulated only
one (1) issue for determination at paragraph 3.1.1 of his adopted
written address and is hereby reproduces as follows:“1. Whether the trial court has rightly
discharged the respondent in view of the
failure of the prosecution to prove each
and every ingredient of the offences of
criminal misappropriation and criminal
breach of trust beyond reasonable doubt.”
“2. Whether the trial court has properly
evaluated the evidence placed before it in
arriving at its decision to discharge and
acquit the respondent?”
The facts of the case that gave rise to this appeal are straight forward
and simple. Sometimes in 2016, the nominal complainant who testified
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