LOTSU VRS ATTORNEY GENERAL (H1/86/2021) [2021] GHACA 34 (29 July 2021)

LOTSU VRS ATTORNEY GENERAL (H1/86/2021) [2021] GHACA 34 (29 July 2021)

The plaintiff failed to discharge the burden of proof required in a civil case to establish that the defendant invaded his privacy by depositing the process in his bedroom. The trial court correctly applied the law on burden and standard of proof, and the appellate court found no reason to disturb the trial court's findings or conclusions.

Citation
[2021] GHACA 34
Parties
Plaintiff/appellant: Gorden Lotsu; Defendant/respondent: Attorney General
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
29 July 2021
Case Number
H1/86/2021
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Right to Privacy, Burden of Proof, Standard of Proof, Service of Process
Source Language
English
Constitutional Law Civil Procedure Human Rights Right to Privacy Burden of Proof Standard of Proof Service of Process

Case Brief

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Parties

Gorden Lotsu

Plaintiff/appellant

Attorney General

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court placed a heavier burden of proof on the plaintiff than required by law
  2. 2 Whether the trial court failed to evaluate and analyze the evidence on record, resulting in a miscarriage of justice

Ratio Decidendi

The plaintiff failed to discharge the burden of proof required in a civil case to establish that the defendant invaded his privacy by depositing the process in his bedroom. The trial court correctly applied the law on burden and standard of proof, and the appellate court found no reason to disturb the trial court's findings or conclusions.

Court Disposition

appeal dismissed