BY COURT: JUDGMENT, MARIAMA OWUSU JA;
On 19th Day of April 2010, the High Court, [Land Division] Kumasi gave judgment for the plaintiff/respondent against the defendants/appellants. The court held among other things as follows;
“In the instant case, I have to weigh the oral and documentary evidence by the plaintiff against the zero evidence of the defendants. No matter how light the plaintiff’s evidence weighs on the judicial scale, even if it is 0.01 kilogram, it is heavier and better than the zero evidence of the defendants. The balance of success therefore swings automatically in favour of the plaintiff. That is even before the highly credible and compelling evidence of the plaintiff is considered on its merits.
I therefore need not spill more ink in concluding that the plaintiff was able to establish her claims.
As the Supreme Court held in the Francis Assuming and others [supra] [holding 6], in a one sided case the verdict can only be one and same is known even before the co…