AKOSUA DUFIE VRS.pdf - Judicial Training Institute

Again the evidence of PW1 on this issue lost compressure under cross-
examination at p.46 lines 39-46 thus: “Q: When you said 2 nd plaintiff sent money
to your husband, did he send the money from abroad.
A: I cannot tell. What I know is that 2 nd plaintiff gave money and some
documents to my husband.
Q: Did you know what those documents were.
A: No, what I know is that 2 nd plaintiff told my husband that he had
acquired a plot.”
Then at p.47 between lines 4-10 she continued thus: “Q: Did you know the
purpose for which the money was given to your husband?
A: What I know is that 2 nd plaintiff told my husband that he had acquired
a plot at Krofofrom and that he should take the money and the
documents and build a house for him.” One cannot fathom any consistency
in such evidence. Nor should it be forgotten that though she admits that PW5
used to visit them at the Abompe farm, she maintained that he used only to
come for school fees but did not help on the farm. PW5 sharply challenges that
evidence at p.78 lines 1 to 10 thus: “Q: Afua Manu (P.W.1) has told this court
that no member of Kwaku Poku’s family assisted in the cultivation of the Abompe
Cocoa Farm.
A: If PW 1 said so, that is not correct because I was there and I
assisted in the cultivation of that cocoa farm.” Naturally PW1 at least
would have helped in the way he claims at p.74 of the record to have done.
Between lines 20-21 thereof PW5 said: “I was assisting him to plant the
cocoa trees.”
It is quite clear that the courts below glossed over all these material
considerations.
PW 5
In one breath at p. 74 lines 20-27 PW5 claims that only he and his grandmother
assisted the late Kwaku Poku on his Abompe cocoa farm but in another breath at
5