KOKOMBA V. THE STATE

BRUCE-LYLE J.S.C.

This is an appeal against a conviction for murder dated 12 December 1963, at the Criminal Session, Tamale. The facts as put up by the prosecution are that the appellant who was the step-father of the deceased lived with the deceased and the deceased’s mother Tafah Kokomba, the first witness for the prosecution, in the same house at Kitare village in the Northern Region.

On 1 March 1963, a market day, whilst the first witness for the prosecution was in the yard of the house she noticed that the appellant and the deceased were fighting and that the fight started outside and continued into the yard; the first witness for the prosecution, being alone in the house, ran out to get someone to help her separate the fighters. On returning to the house she met the deceased coming out of the house; the deceased showed her a fresh stabwound at the base of his neck and told her “Mother, father has killed me.” He further intimated to the first prosecution witness that he was going t…