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ATAG
V.
DANIEL OWUSU BAFFOE

(2025) JELR 114327 (CA)

Court of Appeal 30 Apr 2025 Ghana
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Case Details

Suit Number:CIVIL APPEAL NO: H1/061/2025
Judges:CHARLES ZWENNES, JA ANGELINA MENSAH-HOMIAH (MRS.), JA KWAMINA BAIDEN, JA
Counsel:KINGSLEY BONSU KYERETWIE FOR THE PLAINTIFF/APPELLANT. FRANCIS OPUNI KESSEH WITH ESTHER ASEIDUA OPOKU AND PATRICA ADU GYAMFI FOR THE DEFENDANT/RESPONDENT.
Location:Kumasi

JUDGMENT

MENSAH-DATSA, JA.:

This is an appeal by the Plaintiff/Appellant (hereafter referred to as Appellant) against the ruling of the High Court, Kumasi dated 18 July, 2023 in favour of the Defendant/Respondent (hereafter referred to as Respondent).

The said ruling granted the application of the Respondent to set aside the judgment of the Court dated 29 November, 2021.

The grounds of appeal are stated on page 206 of the Record of Appeal as follows:

a. The trial Court Judge erred when it (sic) sets (sic) aside its (sic) final judgment delivered in favour of the Plaintiff/Appellant on the 29November, 2021 upon an Application brought by the Defendant/Respondent under Order 10 Rule 8 of C.I. 47.

b. That the trial Court Judge erred when it (sic) failed to avert its (sic) mind to the procedural impropriety of the Application brought by the Defendant/ Respondent under Order 10 Rule 8 of C.I. 47.

c. Further ground of appeal may be filed after procuring the Ruling from the trial Court.

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