KONTOR
V.
THE REPUBLIC

(1987) JELR 65326 (CA)    
Court of Appeal  ·  30 Jun 1987 ·  Ghana
 · 
Other Citations
[1987-88] 1 GLR 324
CORAM
ABBAN JA,WUAKU JA,AMUA-SEKYI J.A.
Core Terms Beta
appellant
quarrel
evidence
intention
murder
second prosecution witness
appeal
kofi japah
part of the appellant
republic
abban j.a.
accused person
appellate court
appreciation
attention of the jury
basis of the quarrel
behalf of the appellant
brief facts of the case
case of murder
deceased shout
evidence of kwame nsowah
evidence of the appellant
evidence of the second prosecution witness
evidence of the vital witnesses
first prosecution witness
gratitude
grievous injury
half years
hard labour
high court
immediate cause of the fight
important distinction
injury
kofi
learned chief state attorney
learned trial judge
medical evidence
mr. j. o. amui
opinion
opportunity
order words
people
pieces of evidence
portion of the appellant
prosecution
record shows
short notice
stab
time of the incident
years’ imprisonment

ABBAN J.A.: The appellant was convicted of murder and sentenced to death by the High Court, Sekondi on 8 July 1985.

The brief facts of the case were that the deceased and the appellant were cousins living in the same house. There had been a quarrel between them. The basis of the quarrel was that the appellant had ejected certain tenants from a house which ejectment the deceased considered not justified.

However, the immediate cause of the fight was that the appellant had been, so to speak, talking about the deceased in his (deceased’s) absence. This, the deceased never approved of and a quarrel ensued between them. The quarrel then turned into a fight.

It was clear from the evidence that during the fight, the appellant stabbed the deceased and it was from the injury received from this one stab that, according to the medical evidence, the deceased died.

The evidence of the vital witnesses for the prosecution—especially the second prosecution witness—established without doubt that the appel…

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