HANNAH KWARTENG (SUBSTITUTED BY KWADWO OPPONG) vs. ADWOA TIWAA & ADWOA FOSUAA (SUBSTITUTED BY DIANA MENSAH)

JUDGMENT GBADEGBE, JSC:- The question for our decision in this appeal is which of the two lower courts came to the right conclusion on the evidence placed before them in the matter herein? For reasons of convenience, the parties to the appeal herein shall bear the description which they bore in the trial court. While the learned trial High Court judge accepted the case of the defendants, the learned justices of the Court of Appeal by a split decision preferred the version of the matter tendered before them by the plaintiff. In the circumstances, the determination of our task in this appeal is dependent on our consideration of the record of appeal in the nature of a re-hearing by which we are enabled to reach our own conclusion on the evidence tendered by the parties so however, that in so acting we can only interfere with the decision of either of the two lower courts when satisfied from a consideration of all the evidence that the verdict was unreasonable or perverse. Reference ...