ELIZABETH FRIMPONG V. ATTA DWAMENA

JUDGMENT

OPPONG J.

On the 18th October 2017 I dismissed the instant appeal but the  reasons were deferred to be given today 1st November 2017. 

I now proceed to give my reasons. 

This is an appeal from the District Court, Amasaman filed by the  Plaintiff/Appellant (hereinafter to be referred to as appellant) by which she  is seeking to set aside the judgment of the District Court dated 24th June  2014. The only ground of the appeal is that the said judgment is against  the weight of evidence. 

By this ground of appeal, this Court is being called upon to go through  the entire record of appeal one more time to satisfy itself that the  Appellant’s case was reasonably supported or amply supported or more  probable than not on the preponderance of the weight of the evidence.  This duty in substance amounts to rehearing of the case. 

Sophia Akuffo JSC (now Chief Justice) puts it succinctly in the case of  TUAKWA v. BOSOM (2001-2002) SCGLR 61 at 65 

“ … an appeal is by way of rehearing partic…