Ratio DecidendiRatio DecidendiRatio Decidendi



BRUCE-KONUAH
V.
THE REPUBLIC

(1967) JELR 65720 (HC)    
High Court  ·  17 Oct 1967 ·  Ghana
CORAM
AMISSAH J.A.

Ratio Decidendi

Core Terms Beta
appellant
prosecution
assault
complainant
battery
case
court
evidence
witness
counsel
mr. woode
first prosecution witness
appellant’s own showing
complainant’s husband
complainant’s spectacles
day of the incident
form of the slap
material witness
prosecution’s case
actual battery
appellant’s interference
burden of proof of the accused person
complainant’s side
conclusion of the prosecution
course of the argument
course of their case
criminal code
cross-examination
defence stories
description of mr. woode
direct result of a provocative statement
direct result of the appellant
evidence of mr. woode
example of the material witness
exercise of its powers
existence of a witness
issue of the fact
material day
opposing sides
particular type
physical harm
possible weight of the evidence
prosecution witness
result of his action
second charge
side of the hedge
such material witnesses
support of this submission
trial judge
vital point

AMISSAH J.A.

The appellant in this case was convicted of assault upon the complainant, the wife of his neighbour. There was a second charge of causing damage to the complainant’s spectacles upon which he was also convicted. The prosecution’s case which the court accepted, was that prior to the day of the incident, relations had become strained between the neighbours. There was a hedge which separated their two properties. It had a hole in it. The appellant sought to block it. The complainant and her husband, taking the view that the hedge was wholly within their property objected to the appellant’s interference with it. Heated arguments between the parties on either side of the hedge occurred over the rival claims. On the day of the incident, the complainant’s husband had got someone to remove the barriers erected by the appellant blocking the openings in the hedge. But this man had been stopped by the appellant. When the complainant’s husband returned from work he found this assignmen…

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