REPUBLIC vs. KAMBEY AND OTHERS

The main ground of appeal urged on this court by the learned Chief State Attorney is that the Court of Appeal erred in law in holding that the principles enunciated in the cases of R v. Grant (1954) 38 Cr App R 107, CCA and R v. Antwi (1955) 1 WALR 29, WACA did not apply to the instant case. The facts in the instant case are that the seven accused persons and others in the early hours of the morning of 17 April 1987 went to Yale village to harvest dawadawa fruits which according to the complainants belonged to the Gbane chief. While there, the first prosecution witness, Kutunkyei Teng, and four other persons from Gbane arrived at the scene and attempted to collect the dawadawa fruits. The first accused, the Duusi chief, who also claimed he was the legitimate owner of the land containing the dawadawa trees, prevented them from doing so, and as a result a fight ensued between the two factions. In the course of this altercation the two deceased persons were said to have been shot at with...