GLADYS OBENEWAA AFARI vs. NANA DONKOR MANIANOR II, DANIEL K. OHENE AND KWEKU NYAMEKYE

AMADU JSC:- INTRODUCTION: (1) The main issue for our determination in the instant appeal is, which of the two lower courts properly appreciated and evaluated the evidence on record and ascribed to it the proper probative value before arriving at their respective conclusions. This is because while the trial court from its evaluation of the evidence, findings and conclusions held that the Plaintiff/Appellant/Respondent (hereinafter referred to as the “Respondent”) was entitled to only thirty (30) acres of the land in dispute and entered judgment in her favour, the Learned Justices of the Court of Appeal from their own reevaluation of the evidence held otherwise by granting to the Respondent all the reliefs endorsed on her writ of summons and statement of claim including her claim to the whole of the 441.98 acres of the disputed land. (2) In its judgment, the Court of Appeal found that, on the evidence on record, the Respondent had sufficiently discharged her statutory burden wi...