SIAKA ZARIATU AND SIAKA AMINA
V.
MRS DOROTHY ASANTE

(2011) JELR 69639 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/38/2011 ·  29 Jul 2011 ·  Ghana
CORAM
MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.
Core Terms Beta
plaintiff
appellants
respondent
counsel
defendants
court
disputed house
trial judge
fresh allocation paper
instant case
supreme court
appellate court
exhibits sz2
grounds of appeal
plaintiff’s evidence
respondent’s mother
additional grounds of appeal
documentary evidence
high court
house no. abz
late father
plaintiff’s mother
zero evidence of the defendants
authority of the case of odonkor vs. amartey
brief background of this case
case of aquah vs. coffieh
case of the plaintiff
cases of yoguo vs. agyekum
chief of the respondent
decision of the court
evidence of the plaintiff
exhibits c
favour of the plaintiff
final judgment
following cases
following reliefs
grounds counsel
illegal acts
judgement
land division
lead evidence
plaintiff’s case
plaintiff’s property
possession of the disputed house
possession of the said tenant
receipt of the records of proceedings
sided case
simple answer
way of allocation note
zongo abuakwa kumasi

JUDGEMENT

BY COURT: JUDGMENT, MARIAMA OWUSU JA;

On 19th Day of April 2010, the High Court, [Land Division] Kumasi gave judgment for the plaintiff/respondent against the defendants/appellants. The court held among other things as follows;

“In the instant case, I have to weigh the oral and documentary evidence by the plaintiff against the zero evidence of the defendants. No matter how light the plaintiff’s evidence weighs on the judicial scale, even if it is 0.01 kilogram, it is heavier and better than the zero evidence of the defendants. The balance of success therefore swings automatically in favour of the plaintiff. That is even before the highly credible and compelling evidence of the plaintiff is considered on its merits.

I therefore need not spill more ink in concluding that the plaintiff was able to establish her claims.

As the Supreme Court held in the Francis Assuming and others [supra] [holding 6], in a one sided case the verdict can only be one and same is known even before the co…

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