[1988]DLCA772March 31, 1988Court of Appeal

KOFI ALIAS BUFFALO AND OTHERS vs. THE REPUBLIC

JUDGMENT OF OSEI-HWERE J.A. Osei-Hwere J.A. delivered the judgment of the court. In the night of Tuesday 29 March 1983, Kofi Appah (may his soul be blessed) geared himself up for a fight. His pugnacious temperament turned out, unfortunately, to be the harbinger of his doom and of the ill-fate that has befallen the appellants. As he strolled the street of Korle Wokon with his girl-friend, the fourth prosecution witness, he came upon the second appellant who was engaged in a mere verbal altercation with the first prosecution witness, a woman who sold cooked rice in front of the Royal Cinema. He broke this idyll moment with his lover and interposed himself between the quarrelling parties to separate them. According to the second appellant he gave him a blow and he fell down. The stick of cigarette he was holding got broken and he accused the second appellant of breaking it. He removed the cap the second appellant was wearing and walked away with it. The second appellant followe...