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ADISA BOYA V. 1. ZENABU MOHAMMED (SUBSTITUTED BY ADAMA MOHAMMED) 2. MUJEEB

(2018) JELR 68884 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/44/2017  •  14 Feb 2018  •  Ghana

Coram
ADINYIRA JSC (PRESIDING),DOTSE JSC,BAFFOE-BONNIE JSC,GBADEGBE JSC,BENIN JSC

Judgement

JUDGMENT

GBADEGBE, JSC

This is an appeal from the judgment of the Court of Appeal which reversed the decision of the trial Circuit Court in the action herein. By that decision, the Court of Appeal accepted the case of the Defendants/Appellant/Respondents (Defendants) and rejected that of the Plaintiff/Respondent/Appellant (Plaintiff). As the two lower courts differ in their resolution of the disputed question of fact which turned on the pleadings namely which of the contending parties owns the disputed land, our task in the matter herein is to determine after a careful consideration of the evidence contained in the record of appeal, which of the two decisions truly reflects the effect of the evidence. As there is a conflict of opinion between the trial court and the Court of Appeal, we have to bear in mind that as the trial court was the tribunal of fact, we have to scrutinize the judgment to determine if the conclusion reached on all the evidence was open to the learned trial judge. I…

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