Ohene Achia Payin II Of Bansu For Himself And As Representing The Stool Of Bansu V. Ohene Polley Anquandah Of Tomento For Himself And As Representing The Stool Of Tomento & Ors (1947)

LawGlobal Hub Judgment Report – West African Court of Appeal

Stool Land—Bansu and Tomento Stools—Functions and powers of AppellateCourt in relation to findings of fact by Judge alone—Weight of evidence.

Facts

The appellant, as plaintiff, claimed (inter alia) possession of certain land as the property of the Stool of Bansu.
The action was fought, in effect, on the question of ownership of the land and the trial Judge, on the facts and evidence before him, dismissed the claim.

Held

On appeal, following Powell v. Streatham Manor Nursing Home (1) that the Court of Appeal would not set aside the judgment unless the appellant satisfied the Court that the Judge was wrong and that his decision ought to have been the other way, but that, in this case, the Judge based his conclusions on wrong premises and that the appeal must be allowed.

Appeal allowed.