THE REPUBLIC
V.
STEPHEN EISE & ANOTHER

(2019) JELR 65598 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO: H2/9/2015 ·  4 Apr 2019 ·  Ghana
CORAM
P.K. GYAESAYOR JA (PRESIDING), A. LOVELACE-JOHNSON JA, N. C. A. AGBEVOR JA
Core Terms Beta
court
counsel
appellants
facts
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case
trial court
accused persons
trial judge
high court
trial
appellate court
court order
judicial proceedings
supreme court
absence of the full record of proceedings
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area of law
boot of the car
credibility of witnesses
criminal offence
cross examination
cross-examination
effect of this omission
end of the case
end of this trial
evidence of the complainant
findings of the trial court
foreign case law
formulation of the relevant legal principles
further cross examination
important areas
instant appeal
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ollenu jsc
part of the appeal record
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recall of the complainant
republic criminal appeal no. j3/1/2015
role of an appellate court
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similar situation
south africa
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trial proceedings
unavailability of judicial precedent
white astra taxi cab

JUDGMENT

AGBEVOR, J.A.

This appeal is from the conviction of the two appellants by the High Court, Accra on the 18 day of September 2008 for Robbery Contrary to Section 149 of Act 29, 1960.

The trial court found both accused persons guilty after a trial, convicted each of the accused and sentenced them to a term of 45 years Imprisonment with Hard Labour each.

Dissatisfied with their conviction and sentence they have lodged the instant appeal to this court on the grounds that:-

a) The High Court erred when it relied on the evidence of the complainant to convict the appellants even though the complainant failed to appear for cross examination by Counsel for the Appellants despite the court order recalling him thereby occasioning gross miscarriage of justice.

b) That the High Court erred when it ruled that the appellants had been sufficiently identified by the complainant thereby occasioning gross miscarriage of justice.

c) That the trial judge erred when he ruled that the prosecution had prove…

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