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MRS. GRACE FYNN
V.
STEPHEN FYNN AND CHRISTIANA OSEI

(2014) JELR 68667 (SC)

Supreme Court 12 Feb 2014 Ghana
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- The case revolves around the legal principles governing appeals against the concurrent findings of fact and conclusions of two lower courts. The principle is that a second appellate court would not interfere with the findings of fact made

Case Details

Suit Number:CIVIL APPEAL NO. J4/28/2014
Judges:WOOD (MRS.) CJ (PRESIDING), ANSAH JSC, YEBOAH JSC, BONNIE JSC, AKAMBA JSC
Counsel:MUJEEB RAHMAN AHMED (WITH HIM KWABENA ATTA AGYEI NANA KWASI ,BOATENG AND DR. FRANK ANKOBEA) FOR THE PLAINTIFF/ APPELLANT/APPELLANT; MARIAM AGYEMAN GYASI JAWHARY ESQ. (WITH HER SOLOMON OPPONG ,TWUMASI) FOR THE 2ND DEFENDANT /RESPONDENT/ RESPONDENT.

JUDGMENT

WOOD (MRS) C.J.

This court has clearly set out the legal principles governing appeals against the concurrent findings of fact and conclusions of two lower courts. The principle is that ordinarily, a second appellate court, such as this honourable court, would not interfere with the findings of fact made by a trial court and confirmed on appeal by a first appellate court. A second appellate court would overturn such findings and conclusions only in exceptional cases. The circumstance under which such an intervention may be legally permissible or justifiable is borne out in such cases as:

Achoro and Another v. Akanfela and Another [1996-97] SCGLR 209, at 214 we reasoned that the finding would be interfered with where;

“It was established with absolute clearness that some blunder or error resulting in a miscarriage of justice, was apparent in the way in which the lower tribunals had dealt with the facts. It must be established, e.g., that the lower courts had clearly erred in the fa…

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