ABDULAI BRAIMAH & 2 ORS v. ADISA GBANKULSO
2015
COURT OF APPEAL
GHANA
CORAM
- D. Adjei, JA (Presiding)
- A. Lovelace-Johnson JA
- B. Ackah-Yensu, JA
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves a land dispute over Plot No.359, Zujung Residential Area, Tamale, first brought by Ayishetu Issah in 1997 and subsequently continued by Abdulai Braimah after Issah's death. The trial court ruled against the plaintiff, prompting an appeal. The Appellate Court examined various issues, including the weight of evidence, excessive costs, and the admissibility of an untendered Regional Surveyor's report. The Appellate Court dismissed the appeal and affirmed the trial court's decision, emphasizing the principles surrounding appeals based on evidence weight, burden of proof in land title claims, and the admissibility of court-ordered expert reports.
BARBARA ACKAH-YENSU, JA The original Plaintiff, Ayishetu Issah, issued a writ of summons on her own behalf and that of her brothers and sisters, Abdulai Braimah and Zenabu Salifu against the Defendant, Adisa Gbankulso, at the Circuit Court sitting at Tamale in 1997.
The said Ayishetu Issah however died subsequently and was substituted by Abdulai Braimah in 2007.
The Plaintiff/Appellant (hereinafter simply referred to as “Plaintiff”) failed in his claim for inter alia, a declaration of title to Plot No.359 Zujung Residential Area, Nakpanzuo, Tamale.
In the judgment dated 5th November, 2013, the trial court dismissed all the claims of the Plaintiff against the Defendant/Respondent (also to be referred to as “Defendant”). Dissatisfied with the judgment of the trial court, the Plaintiff has appealed to this Court on the following grounds. “1. The judgment is against the weight of the evidence 2. The cost awarded against the Plaintiff is excessive 3. The learned trial judge erred in his determination that Plaintiff failed to discharge the burden of proving that the exact location of his father’s house bought from Yakubu was on plot No.
359, Zujung Residential Area, Tamale.
4. That the reception of the Regional Surveyor’s untendered Report into evidence by the learned trial judge occasioned a substantial miscarriage of the Justice to the Plaintiff/Appellant”. As rightly stated by Counsel for the Plaintiff, ground (3) is subsumed in ground (1) and therefore I shall deal with the two (2) grounds together under the omnibus ground: THE JUDGMENT IS AGAINST THE WEIGHT OF THE EVIDENCE.
It is a well known position of the law that when a party appeals against a judgment on the ground that the judgment is against the weight of evidence then an opportunity is given to the appellate court to re-examine the record of appeal to ascertain whether or not the trial court’s decision could be supported by the evidence adduced at the trial.
For, an appeal at whatever stage is by way of rehearing; and every appellate court has a duty to make its own independent examination of the record of proceedings.
In Oppong Kofi & Others vrs. Attibrukusu III [2011] 1 SCGLR 176, the Supreme Court stated the law again as follows: “Essentially, the effect of that ground of appeal was to invite the Court of Appeal to review the whole of the evidence, documentary and oral, adduced at the trial and come out with a pronouncement on the weight of evidence adduced in support of the judgment o