Distinction between conclusive and rebuttable presumption?

Asked by Hanslina Koduah

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Answers (1)

KK

Kwaku Kwarteng-Ababio

Sep 19 2022

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In the case ofJuliana Richards v Jimmy Nkrumah, the Supreme Court held that,

the clear distinction here is that whereas conclusive presumptions are irrebuttable in the sense that when the basic facts that give rise to the conclusions are found or established in the action, no contrary evidence to the conclusively presumed fact/s may be considered by the tribunal of fact. On the other hand a party against whom a rebuttable presumption is entered may lead contrary evidence to rebut the conclusion which the tribunal of fact is obliged to consider.

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