[2014]DLSC2885 • February 12, 2014 • Supreme Court •
MRS. GRACE FYNN vs. STEPHEN FYNN AND CHRISTIANA OSEI
The appellant, Mrs. Grace Fynn, claimed joint ownership with her husband, the 1st defendant Stephen Fynn, of store No. 18 Railway Quarters, Kumasi, which the 1st defendant sold to the respondent, Christiana Osei, without her consent. The respondent purchased the property for GHC40,000, registered it, and was a bona fide purchaser for value without notice. The appellant sought to set aside the sale and repossess the property, alleging joint ownership based on pooled resources during marriage. The 1st defendant admitted joint acquisition but the respondent disputed this, asserting exclusive ownership by the 1st defendant and challenged the joint ownership claim.
read moreWOOD (MRS) C.J This court has clearly set out the legal principles governing appeals against the concurrent findings of fact and conclusions of two lower courts. The principle is that ordinarily, a second appellate court, such as this honourable court, would not interfere with the findings of fact made by a trial court and confirmed on appeal by a first appellate court. A second appellate court would overturn such findings and conclusions only in exceptional cases. The circumstance under which such an intervention may be legally permissible or justifiable is borne out in such cases as: Achoro and Another v. Akanfela and Another [1996-97] SCGLR 209, at 214 we reasoned that the finding would be interfered with where; “It was established with absolute clearness that some blunder or error resulting in a miscarriage of justice, was apparent in the way in which the lower tribunals had dealt with the facts. It must be established, e.g., that the lower courts had clearly erred in the fa.....