judy.legal
Login Register

PRACTICE NOTE: BONAPARTE V. WALAKATAKA II

(1972) JELR 65262 (SC)

Supreme Court  •  10 Apr 1972  •  Ghana

Coram
APALOO J.S.C,AMISSAH JA,SOWAH J.A.

Judgement

APALOO J.S.C.: We think therefore that we ought to differ from the conclusion of the learned trial judge. But before doing so, we have given consideration to the caveat issued in such cases as Keteku v. Dzogbenuku (1956) 1 W.A.L.R. 134 and Dza v. Komla (1956) 1 W.A.L.R. 145; and in particular, Boakye v. Baabu (1956) 2 W.A.L R. 183 where the West African Court of Appeal warned against allowing the impressions, gained on a visit to the locus in quo, to replace the conclusions properly drawn from the evidence and the demeanour of the witnesses who gave it. But on the special facts of this case, we cannot accept that the demeanour of the interested witnesses, who testified in this case, can be a certain guide to the truth. In the conflict of evidence which ensued between the rival parties, the only neutral evidence and the safest indicator of the truth is the real and colourless evidence produced at the inspection.

In this connexion, we agree with the statement in the second holding of th…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login