ADOLPH YAO LATSE V. RICHARD GAVOR

JUDGMENT 

The Defendants- appellants are by this appeal praying that the Judgment delivered by the  Magistrate of the James Town District Court on 11th March, 2013, and the order  dismissing the application to set aside the default Judgment, be set aside by this Court  and order a rehearing of the suit.  

The main ground of appeal which has been canvassed in this appeal is ground ‘a’ which  is as follows:  

“That the Judgment and ruling were against the weight of evidence” 

As has rightly been stated by counsel for the appellant that where an appellant complains  that a judgment is against the weight of evidence he is implying that there were certain  pieces of evidence on the record which, if applied in his favour, could have changed the  decision in his favour, or certain pieces of evidence have been wrongly applied against  him. The onus is on such an appellant to clearly and properly demonstrate to the appellate  court the lapses in the judgment being appealed against, as held by t…