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MOHAMMED WOLLEY
V.
SALAMI FATAL

(2014) JELR 68775 (SC)

Supreme Court 29 Jul 2014 Ghana
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- The appeal in this case was decided in favor of the Respondent. - The lower appellate court affirmed the decision of the trial court. - The legal principle is that a second appellate court will not interfere with the concurrent findings o

Case Details

Suit Number:CIVIL APPEAL NO. J4/41/2014
Judges:WOOD (MRS.) CJ PRESIDING, ANSAH J.S.C, DOTSE J.S.C, BENIN J.S.C, AKAMBA J.S.C
Counsel:THOMAS HUGHES ESQ. FOR THE DEFENDANT/APPELLANT/APPELLANT; OSUMAN MOHADEEN ESQ. FOR THE PLAINTIFF/RESPONDENT /RESPONDENT.

REASONS FOR JUDGMENT

WOOD (MRS.) CJ

On the 29th July, 2014, we decided this appeal in favour of the Respondent. These are the reasons for our decision in respect of the appeal against the judgment of the Court of Appeal dated 22nd May, 2008. By it, the lower appellate court affirmed in every material particular, the detailed and well-reasoned decision of the trial court. A careful reading of the judgment reveals that all the findings of fact received the appellate court’s full endorsement.

The legal position on the circumstances under which a second appellate court may interfere with the concurrent findings of fact of two lower courts, places a herculean task on the appellant, as the grounds which may justify an interference with such findings are rather limited. The following cases represent only a few of the long line of cases on this well-established legal principle which admits of no controversy. These are Achoro v. Akanfela [1996-97] SCGLR 209; Koglex Ltd (No. 2) v. Field [2000] SCG…

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