MAXWELL APPAH AND TETTEH LARWEH vs. THE REPUBLIC

ADJEI,J.A: I had the privilege of reading the draft speech of my respected brethren Cecilia Sowah JA and I agree with the conclusion she arrived at in her judgment in appeal. I will like to express some few words on my own to speak to some legal issues considered by the trial High Court Judge which occasioned substantial miscarriage of justice to the Appellant herein. The trial High Court Judge erroneously discussed the information relayed to some of the witnesses in this case by the deceased while on admission as a dying declaration and looking at the summing up, the legal effect of dying declaration negatively impacted on the minds of the Jury to convict the Appellant. Some of the witnesses including Andrews Larweh (PW2),Tetteh Abraham (PW3) and Courage Kwadwo Aboagye (PW5), the Medical Assistant who attended to the deceased at the Enyiresi Government Hospital testified that the deceased told them after he had returned from the theatre that he was pushed down from a moving vehi...