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MRS. GRACE FYNN V. STEPHEN FYNN AND CHRISTIANA OSEI

(2014) JELR 68667 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/28/2014  •  12 Feb 2014  •  Ghana

Coram
WOOD (MRS.) CJ (PRESIDING), ANSAH JSC, YEBOAH JSC, BONNIE JSC, AKAMBA JSC

Judgement

JUDGMENT

WOOD (MRS) C.J.

This court has clearly set out the legal principles governing appeals against the concurrent findings of fact and conclusions of two lower courts. The principle is that ordinarily, a second appellate court, such as this honourable court, would not interfere with the findings of fact made by a trial court and confirmed on appeal by a first appellate court. A second appellate court would overturn such findings and conclusions only in exceptional cases. The circumstance under which such an intervention may be legally permissible or justifiable is borne out in such cases as:

Achoro and Another v. Akanfela and Another [1996-97] SCGLR 209, at 214 we reasoned that the finding would be interfered with where;

“It was established with absolute clearness that some blunder or error resulting in a miscarriage of justice, was apparent in the way in which the lower tribunals had dealt with the facts. It must be established, e.g., that the lower courts had clearly erred in the fa…

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