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LUMORVI GBETI SOSU, ADEWALEY HOTOR SOSU & KOFI BRUCE V. THE REPUBLIC

(2023) JELR 112441 (CA)

Court of Appeal  •  H2/02/2018  •  23 Nov 2023  •  Ghana

Coram
ANTHONY OPPONG, JA (PRESIDING) JEROME NOBLE NKRUMAH, JA AFIA SERWAH ASARE-BOTWE (MRS.) JA

Appearances
EVAN DZIKUNU FOR APPELLANT. ESI DENTAN YANKAH (SSA) FOR RESPONDENT.

Judgement
<p class="ql-align-justify"><strong><span style="background-color: transparent">JUDGMENT</span></strong></p><p class="ql-align-justify"><strong><span style="background-color: transparent">ANTHONY OPPONG JA:</span></strong></p><p class="ql-align-justify"><span style="background-color: transparent">In this case, the appellant is the 3rd accused, Kofi Bruce aka Korkor. He was charged, tried by jury and convicted of murder. He is said to have pummeled furiously with his fists one Komlavi Mileba now deceased who had fallen down as a result of a blow delivered to the deceased by one of the other accused persons (A2) called Adewaley Hotor Sosu. According to the facts, the deceased was lying on the ground supine as a result of the blow he had suffered from A2 and it was while the deceased was lying on the ground motionless and perhaps dead that the appellant pummeled him furiously with further blows. It was as a result of this unfortunate ordeal meted out to Komlavi Mileba by A2 and the appellant that the former died.</span></p><p class="ql-align-justify"><span style="background-color: transparent">Undoubtedly, there was an altercation between Nyemedzinyao Mileba (PW1), a brother of the deceased, and A2 over a drum that PW1 had sent home after bringing it to the funeral grounds of the deceased chief of their village. In the course of the al…</span></p>

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