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MENCE MENSAH
V.
E. ASIAMA

(2011) JELR 66583 (SC)

Supreme Court 20 Jul 2011 Ghana
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- The case revolves around a land dispute between the plaintiff/appellant and the defendant/respondent. The appellant claimed title to the land based on a grant from the Oshilanaa quarter of Labadi, while the respondent traced his title to

Case Details

Suit Number:CIVIL APPEAL NO. J4/14/2007
Judges:ATUGUBA JSC (PRESIDING), DR. DATE-BAH JSC, ANSAH JSC, OWUSU (MS.) JSC, BONNIE JSC
Counsel:YVONNE AMOATEY FOR THE APPELLANT; RICHARD AMOFA WITH HIM NANA SERWAAH GODSON-AMAMOO FOR THE RESPONDENT
Other Citations:(2011) JELR 106905 (SC)

JUDGMENT

BAFFOE-BONNIE JSC

...In the case of Achoro v. Akanfela [1996-97] SCGLR 209, at pg 214, Acquah JSC, (as he then was) made the following pronouncement:

“Now in an appeal against findings of facts to a second appellate court like this court, where the lower court had concurred in the findings of the trial court, especially in a dispute, the subject of which is peculiarly within the bosom of the two lower courts or tribunals, this court will not interfere with the concurrent findings of the lower courts unless it was established with absolute clearness that some blunder or error resulting in a miscarriage of justice, is apparent in the way which the tribunal dealt with the facts. It must be established eg. that the lower courts had clearly erred in the face of a crucial documentary evidence, or that a principle of evidence had not been properly applied...... or as pointed out in Robins v. National Trust Co [1927]AC515, that the finding is so based on an erroneous proposition of the …

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