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CHARITY AGYEIWAH V. E.M.S., P&T CORPORATION

(2008) JELR 68409 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/33/2004  •  25 Jul 2008  •  Ghana

Coram
MRS. WOOD C.J. (PRESIDING), BROBBEY J.S.C., ANINAKWA J.S.C., MRS. ADINYIRA J.S.C., ASIAMAH J.S.C.

Judgement

RULING

MRS. WOOD, C.J.

By this appeal, the plaintiff respondent appellant (appellant) questions the unanimous decision of the Court of Appeal on four main grounds. Aside from the well- known and oft- used general ground: “The judgement is against the weight of evidence”, the two other grounds of appeal, which in any event are all embodied in the omnibus ground are the following:

“The Court of Appeal misdirected itself by failing to consider the evidence of the defendant’s own witness (Maggie DW1) which evidence supported fully the plaintiff’s case.”

The Court of Appeal erred when it held, in the teeth of all the evidence adduced at the trial that the appellant did not post any travellers cheques by EMS but rather posted a document as DW1 wrote “document” on the green tag which was put on the EMS envelope.”

It is the fourth ground of appeal however, which raises important legal issues. It reads:

“The Court of Appeal misdirected itself in law in coming to the conclusion that the trial court h…

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