Nii Abossey Okai II & Ors V. Nii Ayikai II & Anor (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Value and effect of admissions in civil cases—Nature thereof—Against whomthey operate—Admissions not estoppels and not conclusive.

Facts

In a civil case admissions by a party are evidence of the facts asserted against, but not in favour of, such party. But they are not estoppels or conclusive against the party against whom they are tendered.

The evidence of admissions in oral testimony must be clear and unambiguous, but the rule is not so strict in the case of documentary admissions.

Unless explanations are given which satisfy the Court that admissions should not be so regarded, due weight should be given to them as such.

Held

A person cannot by his acts prove anything in his favour ” so that dealings with property are not of the same value as admissions against interest.

Appeal dismissed.