EVELYN ASIEDU OFFEI vs. YAW ASAMOAH ODEHYE KWAKU GYAPONG

The plaintiff, Evelyn Asiedu Offei, sued for herself and on behalf of the Asiedu Offei family of Larteh, claiming title to a parcel of land purchased in 1935 by her late father, Dr. E.S. Asiedu Offei, from the Asunafo Stool, confirmed by the Okyehene Nana Ofori Atta I. The land was entrusted to 23 groups of tenant farmers ('syndicate') on sharecropping terms. The defendants challenged the plaintiff's capacity to sue, arguing the land belonged to a syndicate and that the plaintiff was neither the customary successor nor administratrix of her late father's estate. The plaintiff contended that her father purchased the land personally as leader of the syndicate and that upon his death, the land became family property, which she was entitled to protect. The defendants counterclaimed for title to the same land but their counterclaim was dismissed.

JUDGMENT APPAU, JSC :- The appellants herein who were the defendant and co-defendant in the trial High Court, would be referred to simply as defendants in this judgment, while the respondent who was the plaintiff would maintain the title; plaintiff. The authorities are legion that an appeal is by way of rehearing, particularly where the appellant alleges in his notice of appeal that the decision of the trial court was against the weight of evidence. In such a case, it is the duty of the appellate court to analyse the entire record of appeal, take into account the testimonies and all documentary evidence adduced at the trial before arriving at its decision, so as to satisfy itself that, on a preponderance of the probabilities, the conclusions of the trial judge are reasonably or amply supported by the evidence on record. And it is immaterial whether the appeal is a second one from the Court of Appeal to the Supreme Court. See the cases of: 1. AKUFO-ADDO v CATHELINE [1992] 1 GL...