NYAMEKYE
V.
TAWIAH AND ANOTHER

(1978) JELR 69245 (CA)

Court of Appeal 22 Jun 1978 Ghana
BriefBot icon

BriefBot Summary

Free

- The case involves a dispute over the rotation of occupants of a royal stool. - The appellant's evidence is supported by the respondent's admissions. - The National House of Chiefs rejected the appellant's argument that the corroborated ev

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 20,000 cases, recent judgments, statutes, and rules of court.