[1987]DLCA776 • June 30, 1987 • Court of Appeal
KONTOR vs. THE REPUBLIC
The appellant, Kontor, and the deceased, his cousin, lived together and had a quarrel stemming from the appellant ejecting tenants from a house, which the deceased considered unjustified. The immediate cause was the appellant speaking about the deceased in his absence, leading to a quarrel that escalated into a fight. During the fight, the appellant stabbed the deceased once, causing a fatal injury. Witnesses testified that the appellant expressed remorse immediately after realizing the injury caused. The deceased was older and bigger, and the appellant claimed no intention to kill, noting the deceased was more aggressive during the fight.
read moreJUDGMENT OF ABBAN J.A. The appellant was convicted of murder and sentenced to death by the High Court, Sekondi on 8 July 1985. The brief facts of the case were that the deceased and the appellant were cousins living in the same house. There had been a quarrel between them. The basis of the quarrel was that the appellant had ejected certain tenants from a house which ejectment the deceased considered not justified. However, the immediate cause of the fight was that the appellant had been, so to speak, talking about the deceased in his (deceased’s) absence. This, the deceased never approved of and a quarrel ensued between them. The quarrel then turned into a fight. It was clear from the evidence that during the fight, the appellant stabbed the deceased and it was from the injury received from this one stab that, according to the medical evidence, the deceased died. The evidence of the vital witnesses for the prosecution—especially the second prosecu...