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BONNEY
V.
YANKUM AND OTHERS

(1961) JELR 66257 (SC)

Supreme Court 1 Mar 1961 Ghana
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- An appellate court must not uphold a trial court's decision where the evidence is insufficient to justify the judgment, even if deference is ordinarily given to the lower court’s findings. - Where the evidence fails to support the plain

Case Details

Judges:KORSAH JSC ,C.J. JSC, VAN LARE JSC, AKIWUMI JSC
Counsel:E. B. GAISIE FOR THE APPELLANT,R. S. BLAY FOR THE RESPONDENT

KORSAH, C.J.: The trial court, not withstanding the plaintiff’s failure to adduce satisfactory evidence, found for the plaintiff, which according to counsel for the plaintiff (the respondent herein) may be supported by a presumption that the panel of the trial court might have been influenced by their knowledge of local facts which were not adduced at the hearing. It is fantastic to contend that a court can be influenced by any evidence not adduced before it.

On appeal to the Land Court, the learned judge while conceding to the paucity of evidence in support of the plaintiff’s claim for declaration of title, said:

“The plaintiff’s evidence to which I have referred is not a great deal. The local court held that there was sufficient evidence, and although I confess to having had some difficulty on the point, I am not prepared to disturb the finding of the local court in favour of the plaintiff, and the appeal is therefore dismissed.”

In the case of Codjoe v. Kwatchey1(1), Webber, C.J. (N…

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