THE REPUBLIC v. MIHESO TOKA

J U D G M E N T

The Accused person is arraigned before this Court, charged with the offence of Threat

of Death: Contrary to Section 75 of the Criminal and Other Offence Act 1960 (Act 29).

The accused person pleaded not guilty to the charge after same was read and explained

to him in Ewe Language.

BRIEF FACTS OF THE CASE

The complainant Yawa Akakpo is a trader whilst the accused Miheso Toka is a Mason and

both are residing in the same house at Gamadzra a suburb of Tokor. There has been a longstanding quarrel between the complainant and the accused. For that reason, neither the

complainant nor the accused talks to each other. On 18/10/2021 at about 7.30am, complainant

accompanied by her husband Kporsu Kutorglo a witness in the case called at the station and

the former reported that on 17/10/2021 about 6.30pm, the afore-mentioned accused person

threatened her with words to wit: “I will kill you and light will walk ahead of your mortal

remains, and if you don’t believe what2

I am saying go to my home town and find out”. According to the complainant on 17/10/2021,

about 8.00, a little misunderstanding ensued between herself and the accused person’s wife

in the absence of the accused person. The accused returned home from work around 7.00pm

and he was briefed by his wife that the complainant had insinuated him, which the accused

did not take it kindly with the complainant on receipt of the report. He furiously went to the

complainant and questioned her as to why he had insinuated him and his wife amidst threats

to the complainant as indicated above. Accused was arrested and cautioned to that effect and

in his caution, statement denied the offence. After Police investigation accused was charge

for the offence as stated on the charge sheet to stand trial before this Honourable Court.

The prosecution called 4 witnesses in support of its case.

PW1, (Yawa Akakpo) told the Court that there is a woman called Trodina and her

husband who live in their house at Gamadzra, a suburb of Tokor. She avers for almost a year

now this said woman and her husband have been abusing her with insults over some

provisions Trodina bought from her daughter on credit which she PW1 herein confronted her

after getting to know for which the former had wanted to give out cloth in exchange of her

indebtedness and for which Trodina became offended and stop talking to her (PW1).

PW1 says on the 18th of October, 2021 about 7.00am, she was attending to natures call

whe