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ACQUAYE v. AWOTWI AND ANOTHER

February 23, 1983

COURT OF APPEAL

GHANA

CORAM

  • ARCHER J.S.C.
  • MENSA BOISON
  • ABBAN JJ.A.

Areas of Law

  • Evidence Law
  • Property and Real Estate Law
  • Administrative Law
  • Civil Procedure

AI Generated Summary

Mensa Boison J.A. delivered the judgment of the Court of Appeal in a dispute over stall R.3 in the Kumasi Central Market between the respondent and the appellant, each claiming title through their mothers, Akua Ackun and Araba Mansah. The Kumasi City Council (KCC), successor to the Kumasi Public Health Board, maintained annual registers of licensees. The trial court treated consecutive entries of Akua Ackun’s name (1976–1979) as creating a rebuttable presumption of original allotment, rejecting reliance on rent receipts in Araba Mansah’s name. On appeal, the defendant argued the judgment was against the weight of evidence, challenged burden allocation, and objected to hearsay regarding a KCC decision by Colonel Baidoo. The appellate court held receipts were not determinative, the registers were relevant and corroborative, the burden properly shifted to the defendant to rebut, the hearsay objection was not preserved, credibility findings were sound, and the appeal was dismissed, affirming the plaintiff’s entitlement.

JUDGMENT