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THE CASE LIBRARY

Case Title

MRS AGNES GERTRUDE OSEI v. INNOVA HOLDINGS LTD CIVIL APPEAL NO: J4/68/2023 Page 21-22

Case Principle
Conflict/ Inconsistency in Testimony of a witness
Case Authority
It is settled legal principle, in the evaluation of evidence that whenever the testimony of a party on a crucial issue was in conflict with the testimony of his own witness on that issue (as in the case of the Defendant in the instant case) it was not open to a trial court to gloss over such a conflict and make a specific finding on that issue in favour of the party whose case contained the conflicting evidence on the issue. See the cases of ATADI v. LEADZEKPO [1981] GLR 218, CA; ALHAJI ISSAH BUKAR, GBETOR NAA (DECEASED) AND NAA MUMUNI SAAKA, SING NAA (DEC’D), KULK-PONG, SING NAA. V. MAHAMA BAYONG OF SUYIRI – WA AND 3 OTHERS (NO. J2/1/2013 dated 21st May, 2013); GORDON TANNO KWACHIE V. S. K.AMADZO AND AKUA BRONYA (NO: H1/20/2015 dated 10th February, 2015.