(1986) JELR 65698 (CA)    
Court of Appeal  ·  13 Apr 1986 ·  Ghana
Core Terms Beta
trial judge
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
view of section


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…

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