[1961]DLSC867March 1, 1961Supreme Court

BONNEY vs. YANKUM AND OTHERS

JUDGMENT OF KORSAH, C.J. Korsah C.J. delivered the judgment of the court. [His lordship referred to the facts and continued:] The trial court, not withstanding the plaintiff’s failure to adduce satisfactory evidence, found for the plaintiff, which according to counsel for the plaintiff (the respondent herein) may be supported by a presumption that the panel of the trial court might have been influenced by their knowledge of local facts which were not adduced at the hearing. It is fantastic to contend that a court can be influenced by any evidence not adduced before it. On appeal to the Land Court, the learned judge while conceding to the paucity of evidence in support of the plaintiff’s claim for declaration of title, said: “The plaintiff’s evidence to which I have referred is not a great deal. The local court held that there was sufficient evidence, and although I confess to having had some difficulty on the point, I am not prepared to disturb the finding of the...