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OPANIN KWEKU ENU (SUBSTITUTED BY KOJO TUAKWA)
V.
KWEKU BOSOM

(2001) JELR 67521 (SC)

Supreme Court 14 Feb 2001 Ghana
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- Supreme Court overturned the decisions of the trial court and Court of Appeal, holding they misapplied the burden of proof under section 12 of the Evidence Decree, 1975 (NRCD 323) in a land title claim. - Clarified that in civil actions,

Case Details

Suit Number:CA. 2/2000.
Judges:WIREDU AG. CHIEF JUSTICE,KPEGAH J.S.C,ADJABENG J.S.C,ATUGUBA J.S.C,MS. AKUFFO J.S.C.
Counsel:MR. OWUSU ANSAH FOR THE APPELLANT; MR. IVAN QUANSAH FOR THE RESPONDENT.

JUDGMENT

SOPHIA AKUFFO, J.S.C.

On February 14th 2001, we unanimously allowed the appeal herein but reserved our reasons, which we now give as follows:—

In this appeal against the judgment of the Court of Appeal dated June 17th 1999, the Appellant set out his grounds of appeal in rather prolix terms.

These may however, be briefly summarised as follows:—

a. The Court of Appeal erred in not assessing the evidence before the trial court to ascertain whether or not the evidence supported the trial court's judgment.
b. The Court of Appeal erred in proceeding on the assumption that the matter before the trial court turned solely on the facts and thereby ignored issues of law, which had been raised by the evidence.
c. Since the appellant's claim was for a declaration of title and the respondent had not counterclaimed for a similar declaration, or at all, the Court of Appeal erred in upholding the trial court's order that 'the status quo ante should be maintained'.

The background to this appeal is tha…

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