The appellants herein who were the defendant and co-defendant in the trial High Court, would be referred to simply as defendants in this judgment, while the respondent who was the plaintiff would maintain the title; plaintiff.
The authorities are legion that an appeal is by way of rehearing, particularly where the appellant alleges in his notice of appeal that the decision of the trial court was against the weight of evidence. In such a case, it is the duty of the appellate court to analyse the entire record of appeal, take into account the testimonies and all documentary evidence adduced at the trial before arriving at its decision, so as to satisfy itself that, on a preponderance of the probabilities, the conclusions of the trial judge are reasonably or amply supported by the evidence on record. And it is immaterial whether the appeal is a second one from the Court of Appeal to the Supreme Court. See the cases of: 1. AKUFO-ADDO v. CATHELINE  1 GLR 377; 2. TUAK…