[2011]DLSC6419 • July 20, 2011 • Supreme Court •
MENCE MENSAH vs. E. ASIAMA
The appellant claimed title to a parcel of land based on a 1959 grant from the Oshilanaa quarter of Labadi, having registered the transaction and exercised ownership rights. The respondent claimed title through an auction sale certificate dated 24 April 1957, tracing ownership from E.A. Quarcoo, the highest bidder at a court-ordered auction sale. The respondent alleged the appellant interfered with his possession, leading to legal actions including an injunction. The High Court found the respondent's title valid and dismissed the appellant's claim, a decision affirmed by the Court of Appeal.
read moreBAFFOE-BONNIE JSC …In the case of Achoro v Akanfela [1996-97] SCGLR 209, at pg 214, Acquah JSC, (as he then was) made the following pronouncement: “Now in an appeal against findings of facts to a second appellate court like this court, where the lower court had concurred in the findings of the trial court, especially in a dispute, the subject of which is peculiarly within the bosom of the two lower courts or tribunals, this court will not interfere with the concurrent findings of the lower courts unless it was established with absolute clearness that some blunder or error resulting in a miscarriage of justice, is apparent in the way which the tribunal dealt with the facts. It must be established eg. that the lower courts had clearly erred in the face of a crucial documentary evidence, or that a principle of evidence had not been properly applied…… or as pointed out in Robins v National Trust Co [1927]AC515, that the finding is so based on an erroneous proposition of the law...