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KAMBEY AND OTHERS V. THE REPUBLIC

(1989) JELR 69339 (CA)

Court of Appeal  •  13 Dec 1989  •  Ghana

Coram
LAMPTEY JA,ESSIEM JA,ADJABENG J.A.

Appearances
A. ATUGUBAH (WITH HIM ANDOH) FOR THE APPELLANTS; SAM BADOO CHIEF STATE ATTORNEY (WITH HIM MRS. ANSON CHIEF STATE ATTORNEY) FOR THE RESPONDENT.

Judgement

LAMPTEY J.A.

On 16 April 1987 Pastor George Adabire Israel Apasere of the Assemblies of God Church at Duusi in the Upper East Region of Ghana engaged a number of men to mould blocks for him. Around 9.30 am of that day, Pastor Apasere heard an alarm while at work with these men. He investigated the cause of the alarm and learnt that, “the Duusi chief and his subjects had gone to harvest dawadawa fruits and some people armed with bows and arrows had surrounded them and were shooting at them.” Pastor Apasere immediately found a vehicle and caused it to be driven to the Bolgatanga Police Station where he made a report of what he had heard. A detachment of policemen was as a result of the report despatched to Yale village to stop the fighting and restore and maintain peace. At the sight of the policemen the combatants fled from the scene of battle. After the dust of battle had settled it was discovered that this regrettable skirmish had resulted in the death of two persons. The seven appell…

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