Customer Support

NYAMEKYE
V.
TAWIAH AND ANOTHER

(1978) JELR 69245 (CA)

Court of Appeal 22 Jun 1978 Ghana
BriefBot icon

BriefBot Summary

Free

- The appellate court restored the decision of the Central Regional House of Chiefs, reaffirming that the paramount stool of Breman Essiam rotates among the three royal houses under customary law. - The court held that a party’s case may be

Case Details

Judges:APALOO C.J.,SOWAH JA,ARCHER JA,ANIN JA,FRANCOIS J. A.
Counsel:PARTIES IN PERSON.
Other Citations:[1979] GLR 265

APALOO C.J.: As respondent’s evidence about the persons who successively occupied the stool and the royal house from which they hailed tallied with the appellant’s and therefore lent support to the rotatory principle urged by the appellant, it was submitted to the appellate National House of Chiefs that whatever defects there might be in the trial tribunal’s judgment, its holding in favour of rotation must be right and should accordingly be left undisturbed. The appellate house rejected that submission and delivered itself as follows:

“A plaintiff succeeds on the strength of his own case and not on the weakness of the defendant’s case. The onus of proof always lies on him who alleges a certain fact, and unless this proof is made, the plaintiff cannot succeed. It is therefore wrong to submit that the plaintiff must succeed because certain aspects of his evidence were corroborated by the defendant.”

If this proposition of law means that a party cannot prove his case by admissions from the…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.