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OPANIN YAW BOAKYE V. OPANIN KWAME MARFO

(2011) JELR 68536 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/41/2010  •  20 Apr 2011  •  Ghana

Coram
WOOD (MRS) CJ (PRESIDING) ,DOTSE JSC ,YEBOAH JSC ,GBADEGBE JSC ,AKOTO-BAMFO JSC

Judgement

JUDGEMENT

GBADEGBE JSC:

My Lords, the question for our determination in these proceedings is whether the decision of the Court of Appeal that reversed the judgment of the trial High Court in the mater herein was right having regard to the evidence contained in the record of proceedings before us? In my view since the proceedings before the Court of Appeal was in the nature of a rehearing, the court was entitled after hearing the parties and considering the evidence contained in the record of proceedings to give in the words of rule 32 of the Court of Appeal Rules, CI 19 “a judgment and make an order that ought to have been made, and to make a further or any other order as the case may require including an order as to costs”. The jurisdiction so conferred on the court under rule 32, however, must be exercised only in cases where it comes to the view after considering the facts that the decision appealed from is unreasonable or perverse. See: FOSUA v. ADU- POKU MENSAH [2009] SCGLR 310. In…

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