TSINOWOPE
V.
THE REPUBLIC

(1986) JELR 65698 (CA)

Court of Appeal · 13 Apr 1986 · Ghana

CORAM

OSEI-HWERE JA,AMPIAH JA,LAMPTEY J.A.

Core Terms ^Beta

appellant

evidence

jury

trial judge

charge

offence

submission of no case

charge of murder

accused person

alhaji zabrama

amadu tunde

appellant’s girl friend

cause of death

collection of blood

conclusion of the trial

criminal assizes

criminal code

criminal procedure code

deceased tunde money

doctor yao tettey

fifth prosecution witness

fifth prosecution witnesses

final summing-up

first prosecution witness

following morning

high court

impossible task

incriminating evidence

incriminating facts

inter alia

investigating police officer

issue of assault

judge’s own words

lethal weapon

massive subdural haemorrhages

murder charge

narcotic drugs

osei-hwere j.a.

parietal lobes

process tunde

prosecution eye-witnesses of the encounter

respect of the first accused

ruling of the trial judge

see of its own doubt

simple terms

single slap

terms of section

third prosecution witness

trial

view of section

OSEI-HWERE J.A.

The appellant was indicted and arraigned before the criminal assizes held in the High Court, Accra for the murder of one Amadu Tunde. The incriminating facts, at their best, were supplied by the appellant himself who testified to the effect that he was bent upon recovering from the deceased Tunde money which Tunde had taken from the appellant’s girl friend. As the appellant was walking with Tunde towards his house for the money he stopped at a spot and refused to go further. The appellant held his shirt and tried to drag him along and in the process Tunde slapped him. He retaliated with a single slap which felled him in a supine position.

At this stage one Mohammed Issaka who had been attracted to the scene by the quarrelling he heard from his house led Tunde away. According to the evidence of the first, second and fifth prosecution witnesses (who were put forward as eyewitnesses) this incident took place in the night of 1 July 1984, sometime before 8 p.m. These witnesse…

TSINOWOPE V. THE REPUBLIC

TSINOWOPE
V.
THE REPUBLIC