KWAME PETER vs. MAMA MINTUBI AND OTHER [2012]DLHC8187

Date	2012-04-04
Suit No.	SUIT NO. A2/668/07
Citation No.	[2012]DLHC8187

HIS LORDSHIP JUSTICE JACOB B. BOON

K. A. SUADWA FOR PLAINTIFF/APPELLANT

JUDY KANKAM FOR DEFENDANT/RESPONDENTS

[2012]DLHC8187
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													<main id="main" class="content" style="min-height: 60rem" >KWAME PETER<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>MAMA MINTUBI AND OTHER<o:p></o:p>(DEFENDANT/RESPONDENT)<o:p></o:p>[HIGH COURT,
KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. A2/668/07&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 4TH APRIL, 2012<o:p></o:p>

</div>COUNSEL:<o:p></o:p>K.
A. SUADWA FOR PLAINTIFF/APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDY
KANKAM FOR DEFENDANT/RESPONDENTS<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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HIS LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>This is an appeal from the judgment of Kumasi District
Court presided over by Her Worship Cynthia N. Blagogee (Mrs.). The judgment,
dated 5th August, 2010 was entered in favour of the
defendant/respondents, to be referred to as the defendants. The plaintiff/appellant
is dissatisfied with the judgment and has filed the instant appeal, the sole
ground being the omnibus one that the judgment is against the weight of
evidence. In Djin v Musah Baako
(2007-2008) SCGLR 686, headnote (1) at 687, it was held that:<o:p></o:p><o:p>&nbsp;</o:p>“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 appellant to clearly and properly demonstrate to the appellant court
the lapses in the judgment being appealed against”<o:p></o:p><o:p>&nbsp;</o:p>This case was cited by counsel for the defendants in his
written submission filed on the orders of the court.<o:p></o:p><o:p>&nbsp;</o:p>In respect of the omnibus ground of appeal it was also
held by the Supreme Court in Tuakwa v
Bossom (2001 – 2002) SCGLR 61 at 65 that:<o:p></o:p><o:p>&nbsp;</o:p>“Furthermore,
an appeal is by way of re-hearing particularly where the appellant alleges in
his notice of appeal that, the decision of the trial court is against the
weight of the evidence. In such a case, although it is not the function of the
appellate court to evaluate the veracity or otherwise of any witness, it is
incumbent upon an appellate court, in a civil case to analyze the entire record
of appeal, take into account the testimonies and all the documentary evidence
adduced at the trial before it arrives at its decision, so as to satisfy itself
that, on a preponderance of the probabilities, the conclusions of the trial
court are reasonably and amply supported by the evidence…”<o:p></o:p><o:p>&nbsp;</o:p>In the instant appeal, this court is bound to carefully
analyze the entire record and determine whether the decision of the district
court can be supported by the evidence on record. <o:p></o:p><o:p>&nbsp;</o:p>In the district court, the claim of the plaintiff against
the defendants, jointly and severally, was for the recovery of a total amount
of ¢7,800,000(old cedis) or GH¢780.00. It is asserted that GH¢500.00 of this
amount was given to the defendants since September, 2005 as financial
assistance, whilst the balance of GH¢280.00 represented the amount plaintiff
spent in purchasing items that were to be used to perform the marriage rites of
a woman first defendant promised to give to the plaintiff to marry. Evidence
established that the proposed marriage between the plaintiff and the woman
could not take place because the woman, described as the daughter of first
defendant, objected on the ground that she caught the plaintiff in the act of
having sex with her sist</main>