Mensah Vrs Asiama [2011] GHASC 13 (20 July 2011)

Mensah Vrs Asiama [2011] GHASC 13 (20 July 2011)

The appellant failed to plead or prove fraud or forgery at trial, did not object to the respondent's documents when tendered, and improperly sought to introduce fresh evidence on appeal. The findings of fact by the lower courts were supported by the evidence, and there was no basis to disturb them. The appeal was therefore dismissed.

Citation
[2011] GHASC 13
Parties
Plaintiff/appellant/appellant: Mence Mensah; Defendant/respondent/respondent: E. Asiama
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
20 July 2011 20 July 2011 3 March 2011
Procedural Posture
Civil Appeal / Final Appeal (supreme Court)
Outcome
appeal dismissed
Legal Topics
Title to Land, Admissibility of Evidence, Pleading Fraud, Fresh Evidence on Appeal, Burden of Proof
Source Language
English
Land Law Civil Procedure Title to Land Admissibility of Evidence Pleading Fraud Fresh Evidence on Appeal Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Mence Mensah

Plaintiff/appellant/appellant

E. Asiama

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Final Appeal (supreme Court)

Legal Issues

  1. 1 Whether the respondent's root of title (certificate of purchase) was genuine and valid
  2. 2 Whether the appellant could challenge the certificate of purchase as a forgery or fraud on appeal
  3. 3 Whether fresh evidence could be introduced on appeal regarding the authenticity of the respondent's documents

Ratio Decidendi

The appellant failed to plead or prove fraud or forgery at trial, did not object to the respondent's documents when tendered, and improperly sought to introduce fresh evidence on appeal. The findings of fact by the lower courts were supported by the evidence, and there was no basis to disturb them. The appeal was therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Judgment of the Court of Appeal affirmed