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Trial in Ghana case law.

2 passages from 2 cases, grouped by point of law. Each passage is in the court's own words and links to the place in the judgment.

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Inspection of the locus in quo

In respect of (b) it is sufficient to say that the absence of a record of the inspection is not fatal; a statement by the court in a solemn judgment must be taken as a correct account of what occurred and is therefore final. “It may be thought desirable in certain cases that a record of the result of an inspection should be available, but it seems to me to be going much too far to say that it is necessary in every case, or that the absence of such a record is a fatal defect” see Kofi Badoo v. Ohene Kwesi Ampung6(6) per Lewey, J.A., Blackall, P. agreeing with the views expressed by Lewey, J.A. stated as follows:7(7) “A view of the locus in quo by judge and jury is a common feature of trial by jury but it is not the practice to record anything more than the fact that there had been a view. In the absence of any native law and custom to the contrary I see no reason therefore why Native Courts should be required to go further in this regard than the Supreme Court.

AWORO v. BUOR [1962] 2 GLR 128 [1962] SLR (SC) 47 · Supreme Court · 1962 · MILLS-ODOI JSC

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An appeal court must not substitute itself for the trial court and the judgment based solely on the second visit cannot stand and should have been set aside on the further appeal to the Land Court, Kumasi.

ABONU v. SUNKWA [1962] 1 GLR 154 [1962] SLR (SC) 7 · Supreme Court · 1962 · VAN LARE JSC

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