[2017]DLHC11843 • April 12, 2017 • High Court
ADOLPH YAO LATSE vs. RICHARD GAVOR, EMMANUEL K. AVUNOR & 3 ORS
The plaintiff claimed ownership of land based on an agreement (Exhibit 'A') allegedly thumbprinted by Adjoa Aziedu for six years, but the defendants contended the agreement was for 99 years and was fraudulently procured by tricking the illiterate Adjoa Aziedu into thumbprinting a document with terms different from those agreed upon.
read moreJUDGMENT The Defendants- appellents are by this appeal praying that the Judgment delivered by the Magistrate of the James Town District Court on 11th March, 2013, and the order dismissing the application to set aside the default Judgment, be set aside by this Court and order a rehearing of the suit. The main ground of appeal which has been canvassed in this appeal is ground ‘a’ which is as follows: “That the Judgment and ruling were against the weight of evidence” As has rightly been stated by counsel for the appellant 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 an appellant to clearly and properly demonstrate to the appellate court the lapses in the judgment being appealed against, as held by th...