MOUNG THA HNYEEN Vs. MOUNG PAN NYO
Moung Tha Hnyeen
Moung Pan Nyo
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(1.) THIS case has been very ably argued for the appellant, and there is no doubt a great deal of obscurity, and some puzzling circumstances in it.
But it has been the subject of an extremely elaborate and careful
judgment by the first Court below, and that judgment has been examined by
the Court of Appeal, who have agreed with the first Court. Although acute
criticisms have been made upon some points in the case, there has been
nothing to show that there has been a miscarriage of justice, or that any
principles of law or of procedure have been violated in the Courts below.
This case is one which very decidedly falls within the valuable principle
recognized here, and commonly observed in second Courts of Appeal, that
it will not interfere With concurrent judgments of the Courts below on
matters of fact, unless very definite and explicit grounds for that
interference are assigned. In all probability their Lordships would be
doing a great deal more harm than good if they were induced to disturb
judgments arrived at by the local judges on such criticisms as have been
assigned in this argument.
(2.) THEIR Lordships will humbly recommend Her Majesty to dismiss the appeal; and the appellant must pay the costs.;
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