JUDGMENT
LOVELACE-JOHNSON, JSC:
The designation of the parties at the High Court will be maintained in this appeal. The plaintiff sued the defendant for the sum of 206,000 cedis being the cost of damage caused to her building by the latter when he used a caterpillar to raze it down. She also claimed interest on this sum from February 2018 to the date of final payment. The trial court found an amount of 45,551.68 cedis proved and granted that to her with interest at the commercial bank rate from April 2018 to the date of final payment and costs of 20,000 cedis.
Being dissatisfied with the judgment, the defendant launched an appeal to the Court of Appeal on the following grounds:
a) The judgment is against the weight of evidence.
b) The judge erred by setting aside a High Court judgment on grounds of fraud when neither fraud was pleaded nor evidence lead on fraud.
c) The judge erred when she set aside a High Court judgment on grounds of fraud in addition to granting other relieves for the Pl…