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MADAM EUGENIA AKUETTEH V. KOFI BAAH & 67 ORS.

(2020) JELR 92039 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/61/2019  •  25 Nov 2020  •  Ghana

Coram
YEBOAH, CJ (PRESIDING), GBADEGBE, JSC , MARFUL-SAU, JSC , OWUSU (MS), JSC , KULENDI, JSC

Appearances
KWESI AUSTIN FOR THE PLAINTIFF/REPONDENT/RESPONDENT. A.G. BOADU FOR THE DEFENDANTS AND CO-DEFENDANTS/APPELLANTS/APPELLANTS.

Judgement

JUDGMENT

GBADEGBE, JSC

My Lords, we have before us an appeal from the judgment of the Court of Appeal that affirmed the decision of the trial High Court in the above consolidated actions. The sole ground of appeal before us is the general ground “That the judgment is against the weight of the evidence.” As the relevant authorities on concurrent findings require us as the final appellate court to intervene in respect of such concurrent findings by the two lower courts only when such decisions are perverse or unreasonable, the question for our decision turns largely on the probative value of the evidence on which the decisions of the two lower courts is based. By the effect of the authorities, the appellants must demonstrate clearly that the factual determinations suffer from a misapplication of the relevant rules of evidence or glossed over vital documentary or oral evidence and or misread the evidence. See: Gregory Tandoh v. Hanson [2010] SCGLR 970. Simply put, the effect of the evidenc…

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