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reported this matter to the Bundung Police station whereat the deceased
was summoned and cautioned. The deceased would however still come to
his house in chase of his wife. He allegedly caught the deceased in
copulation with his wife on the 25/12/2009, but preferred to report the
deceased to his mother. As he went to report the deceased to his mother
that evening, the deceased tried to restrain him from getting into their
compound but was prevented from doing so by his mother. Whilst in the
compound, the deceased tried to assault him but those around them
prevented them from fighting. The deceased later reported him to the
police.
These are the brief facts of this case, at the close of which both sides elected
to waive their right to address me. I now proceed to judgment by framing
out the issues for determination as follows:
(a) Did the victim die?
(b) Did the death result from or caused by the accused person?
(c) Were the acts of the accused done with the intention that death or
grievous bodily harm would be the probable consequence?
See the case of OMISORE V THE STATE (2008) 3 NCC, 60
I have looked at exhibits “A” and “B” – the death certificate and autopsy
report of the deceased and both convincingly establish the fact that
KAJALLY SANNEH died on the 15/01/2009. There is no iota of evidence
in rebuttal. I take the facts contained therein as established. I am therefore
satisfied that KAJALLY SANNEH died and this I shall hold as a fact.