[2012]DLHC8187 • April 4, 2012 • High Court
KWAME PETER vs. MAMA MINTUBI AND OTHER
This is an appeal from the judgment of Kumasi District Court presided over by Her Worship Cynthia N. Blagogee (Mrs.). The judgment, dated 5th August, 2010 was entered in favour of the defendant/respondents, to be referred to as the defendants. The plaintiff/appellant is dissatisfied with the judgment and has filed the instant appeal, the sole ground being the omnibus one that the judgment is against the weight of evidence. In Djin v Musah Baako (2007-2008) SCGLR 686, headnote (1) at 687, it was held that: “where an appellant complains that a judgment is against the weight of evidence, he is implying that there were certain pieces of evidence on the record which, if applied in his favour, could have changed the decision in his favour, or certain pieces of evidence have been wrongly applied against him. The onus is on such appellant to clearly and properly demonstrate to the appellant court the lapses in the judgment being appealed against” This case was cited by counsel for th...