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MENCE MENSA VRS E. ASIAMA

(2011) JELR 106905 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/14/2007  •  20 Jul 2011  •  Ghana

Coram
ATUGUBA JSC, (PRESIDING) DR. DATE-BAH, JSC ANSAH, JSC OWUSU(MS.) JSC BONNIE, JSC

Judgement

 J U D G M E N T 


BAFFOE-BONNIE  JSC:


In the case of Achoro v. Akanfela [1996-97] SCGLR 209, at pg 214, Acquah JSC, (as he then was) made the following pronouncement:

“Now in an appeal against findings of facts to a second appellate court like this court, where the lower court had concurred in the findings of the trial court, especially in a dispute, the subject of which is peculiarly within the bosom of the two lower courts or tribunals, this court will not interfere with the concurrent findings of the lower courts unless it was established with absolute clearness that some blunder or error resulting in a miscarriage of justice, is apparent in the way which the tribunal dealt with the facts. It must be established eg. that the lower courts had clearly erred in the face of a crucial documentary evidence, or that a principle of evidence had not been properly applied…… or as pointed out  in Robins v. National Trust Co [1927]AC515, that the finding is so based on an erroneous proposition of…

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