Oppong Vrs Anarfi [2011] GHASC 6 (10 February 2011)

Oppong Vrs Anarfi [2011] GHASC 6 (10 February 2011)

The Supreme Court found that Exhibit A was properly admitted as a receipt and not an instrument transferring land, that the evidence supported the finding of a sale agreement, and that the trial judge erred in admitting extrinsic evidence to contradict the written agreement. The appeal was dismissed as the Court of Appeal's decision was supported by the evidence and legal principles.

Citation
[2011] GHASC 6
Parties
Defendant/appellant: Yaw Oppong; Plaintiff/appellant/respondent: Charles Anarfi
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
10 February 2011
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Sale of Land, Loan Agreements, Admissibility of Evidence, Burden of Proof
Source Language
English
Contract Law Property Law Evidence Law Sale of Land Loan Agreements Admissibility of Evidence Burden of Proof

Case Brief

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Parties

Yaw Oppong

Defendant/appellant

Charles Anarfi

Plaintiff/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the transaction between the parties was a sale of property or a loan secured by property
  2. 2 Whether Exhibit A was admissible and its legal effect
  3. 3 Whether the judgment was against the weight of evidence

Ratio Decidendi

The Supreme Court found that Exhibit A was properly admitted as a receipt and not an instrument transferring land, that the evidence supported the finding of a sale agreement, and that the trial judge erred in admitting extrinsic evidence to contradict the written agreement. The appeal was dismissed as the Court of Appeal's decision was supported by the evidence and legal principles.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; Court of Appeal judgment affirmed.