MANTRAC GHANA LIMITED V. BATIMAT LIMITED

JUDGEMENT

OFOE,J.A.:

We need to remind ourselves that an appeal, as is common legal knowledge is by way of rehearing and this casts a duty on an appellate court to review the whole evidence on record whether the trial court has in anyway faltered as to give cause to upholding the appeal lodged by the appellant. The powers of the appellate court in reviewing the whole evidence and when these powers would be exercised in interfering with the trial court’s findings have been expounded in several authorities. Few of these cases are Gregory v. Tanoh IV and Hanson (2010)SCGLR971 at 985 Obeng v. Assemblies of God Church (2010) SCGLR300, Achoro v. Akanfela (1996-97) SCGLR209, Akufo Addo v. Catherine(1992)1GLR377 and Koglex(No 2) v. Field(2000)SCGLR175. Taking note of holdings in these authorities we proceed to examine the appeal before us.

Plaintiff/respondent was in the High Court seeking to recover possession of its commercial premises from the defendant/appellant. We will in this judgment mai…