EBUSUAPANYIN EKUMA MENSAH vs. NANA ATTA KOMFO II

GBADEGBE, JSC:- The question for our decision in this appeal is within a narrow compass and is related to the probative value of the evidence on which the judgment of the two lower courts is founded. As the intermediate appellate court is in agreement with the trial court on the findings of fact, our task is to determine if on all the evidence contained in the record of appeal before us, the decision of the learned justices is supported by the effect of the evidence. Restating this, we are to discern from the evidence whether placing the case of the plaintiff against that offered by the defendant within the context of the controversy herein renders his version more likely to be true; I think this is the essence of the evidential requirements contained in sections 10-12 of the Evidence Act, NRCD 323 regarding the burden of proof. The attitude of the second appellate court to findings of fact concurred in by the intermediate appellate court has been laid down in the case of Achoro v Akan...