GYEKYE vs. THE STATE [1964]DLSC1903

Date	1964-12-04
Suit No.
Citation No.	[1964]DLSC1903

MILLS-ODOI JSC

ACOLATSE JSC

SIRIBOE J.S.C.

A. ADDO FOR THE APPELLANT.

J. N. K. TAYLOR SENIOR STATE ATTORNEY FOR THE RESPONDENT.

[1964]DLSC1903
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >GYEKYE<o:p></o:p>&nbsp;vs. <o:p></o:p>THE STATE <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1964] GLR 656<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
4 DECEMBER 1964.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

A. ADDO FOR THE APPELLANT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

MILLS-ODOI, ACOLATSE AND SIRIBOE
JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF MILLS–ODOI J.S.C.<o:p></o:p>Mills-Odoi
J.S.C. delivered the judgment of the court. The appellant was convicted for the
murder of his wife, Ekua Ntabeley, at the village of Aiyim in the Western
Region, on 24 September 1963. The trial was before Bruce-Lyle J. (as he then
was) sitting with a jury in the Criminal Session of the High Court at Sekondi
on 17 September 1963. It was not denied by the appellant that he caused the
death of the deceased; in view of the defence the appellant found himself in
such a position that he could not in anyway dispute the facts constituting the
charge preferred against him. His defence was that he killed the deceased under
extreme provocation.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant was the only eye-witness and after he had surrendered himself and was
taken into custody by the police, he made a statement (exhibit B) showing the
circumstances which led to the murder of his wife. The prosecution relied upon
that statement in proving the charge. The statement contained the following
facts: On 11 May 1963, the appellant received a letter from his elder brother,
Agiri Fosu (the second prosecution witness), stating that his child was
seriously ill and had been taken to a church known as “Twelve Apostles
Mission,” at Nakaba Camp, Aiyim village, in order that prayers could be said
for him. The letter also stated that the person in charge of the church (the
third prosecution witness) had expressed a desire to see the appellant. On the
strength of the letter, the appellant left Hemang village, where he was then
living, and proceeded to Aiyim. A day after his arrival at the village, the
appellant and the second prosecution witness went to Nakaba Camp and met the
third prosecution witness, the deceased and her sick child in the church
compound. The third prosecution witness told the appellant that the deceased
rushed her child to the camp and when he tried to find out from her the reason
why the child had taken ill suddenly, she confessed that she had committed
adultery with one Kwame of Tarkwa, her old boy friend. When asked by the
appellant whether the report of the third prosecution witness was true, the
deceased replied in the affirmative, and added that she committed the adultery
when she paid a visit to her uncle, Kwamina Asafuah (the tenth prosecution
witness) at Tarkwa, because the appellant was not maintaining her and her
children. The appellant was taken by surprise by the confession of adultery. He
denied vehemently the allegation made by the deceased that he was not
maintaining her and the children. He told the third prosecution witness that he
would report the deceased’s conduct to the tenth prosecution witness at Tarkwa.<o:p></o:p><o:p>&nbsp;</o:p>On 13 May
1963, the appellant travelled to Tarkwa and made a report to the tenth
prosecution witness who dismissed as false the statement made by the deceased
that she had visited him. However, the tenth prosecution witness advised the
appellant to return to Aiyim and that he would follow him the day after to have
the matter settled. The appellant therefore travelled back to Aiyim the same
day; but the tenth prosecution witness did not honour his promise. On 15 May at
about 6 p.m., one Kwamena Badu (the fifth prosecution witness), another uncle
of the deceased, sent for the appellant and offered him an amount of £G3 3s. as
pacification fee for the adultery committed by the deceased, which amount the
appellant refused to accept because the proper person to pay that fee,
according to the appellant, was the adulterer, Kwame, and not the parents of
the deceased. The appellant therefore left the premises of the tenth prosecution
witness and went to his room at Nakaba Camp where he and the deceased were
lodging. At this point it would be well to state the appellant’s exact words:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Whilst
in bed at about 12 midnight, I question my wife why she should commit adultery
apart from the £G34 10s. that I have given to her. Her answer was that I could
not maintain her that was why she committed the adultery and that her
grandfather Badu was right to pay the adultery fee of £G3 3s. which I refused
to accept. I became greatly annoyed of this, and picked a cutlass which was
lying in the room and cut her twice on the head at the same place and she fell
unconscious. I immediately informed my elder brother Agyiri Fosu (the second
prosecution witness) of what I had done to my wife and asked him to go and
report the matter to the police whilst I remained at Aiyim to be arrested by
the police . . . I feel my wife has disgraced me by saying that I am unable to
maintain her and the children because, apart from the £G34 10s. that I have
given to her, one Kwadjo Duku of Aiyim has pledged his cocoa farm to me about
three to four years now the proceeds from which I give to her for the
maintenance of herself and the children. I get about ten loads every year from
this cocoa farm.”<o:p></o:p><o:p>&nbsp;</o:p>