NATHANIEL BOSOMPRAH FIANKO v. PHILIP DODOO DJAN _ ANO
2004
COURT OF APPEAL
GHANA
CORAM
- Essilfie-Bondzie, J.A. [President]
- Gbadegbe, J.A.
- Anin-Yeboah, J.A
Areas of Law
- Evidence Law
- Equity and Trusts
- Property and Real Estate Law
- Civil Procedure
2004
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Before the Ghana Court of Appeal, a panel of Essilfie-Bondzie J.A. (President), Gbadegbe J.A., and Anin-Yeboah J.A. reviewed an appeal challenging a High Court decision that had dismissed the appellants’ earlier appeal from a trial magistrate’s dismissal of their claim to a disputed building. The appellants relied on documents in their deceased father’s name—exhibit "B" (title deed), a building permit, and municipal rates receipts—to prove ownership. The respondents contended that the co-respondent (the father’s younger brother) funded the purchase and construction, kept the title documents, and received rents transferred by the father and, after his death, by the children. The court held that documentary recitals were outweighed by subsequent conduct and equitable estoppel; section 25(1) applies to parties, not witnesses, and section 26 recognizes estoppel by conduct. Distinguishing Swiss African Trading and applying Achoro on concurrent findings, the court concluded that the co-respondent’s ownership was more probable and dismissed the appeal, upholding the High Court.
JUDGMENT
GBADEGBE, J.A.
My Lords, we are in this appeal which arises from the dismissal of the appeal filed by the plaintiffs/appellants [hereinafter for convenience referred to as the appellants] against the decision of the High Court, Accra concerned with the question whether or not having regard to the admitted evidence as contained in the transcript before the Court the verdict of dismissal of the appellant’s case in the court below was right? In my opinion although several grounds have been argued by the appellants through their counsel in the considerable submissions filed before us our task simply is to determine whether the evidence contained in the record of proceedings justifies our intervention to set aside the decision of the High Court and in place thereof substitute one allowing the claim of the appellants as filed before the trial court. In this regard, I wish to say that I shall in this delivery consider the points raised by the instant proceedings under two heads commencing first with those which touch and concern issues of law and then lastly those which turn on issues of fact. Since those bordering purely on matters of law such as the legal effect of documents tendered by the appellants against the case set up by the defendants [hereinafter for convenience referred to as the respondents] are likely to have a bearing on the factual determination, I wish to start from a consideration of these before turning to the factual evaluation.
The appellants have argued that the effect of the documents which were admitted in evidence such as the title deed of their deceased father, the building permit, the receipts for payment of rates to the municipal authority all of which bear his name are more reliable by way of proof of ownership to the building in dispute than the oral evidence which was led by the respondents and which oral evidence was at times conflicting. Accordingly, it was urged by them that this court noting that the effect which the High Court gave to these documents was wring, a wrong which has thereby occasioned miscarriage of justice to them should set aside the verdict entered against them and allow the appeal. I wish to observe of this ground that whiles it is true that in appropriate cases the court should prefer documentary evidence to that which is oral this is purely determined by the circumstances which unfold from the record of proceedings. In the instant case it is my opinion that learned counsel for the appellants h