JUDGMENT
MARIAMA OWUSU, JA
On 7-5-2013, the High Court, Land Division Accra, dismissed plaintiff’s claims against defendants as not proved and awarded cost of GH¢1,000.00 against the plaintiff in favour of the 1st defendant.
Dissatisfied with the decision of the court, the plaintiff appealed to the Court of Appeal on the following grounds:
a. The judgment is against the weight of evidence
b. The trial Judge erred by deciding the case as though same was for declaration of title.
c. The trial Judge failed to determine real issues in controversy.
d. That the trial Judge erred importing extraneous matters into the decision.
e. Additional grounds will be filed upon receipt of the record of appeal.
The relief sought from the Court of Appeal is a reversal of the decision of the trial court or in the alternative to order a retrial of the suit.
Before dealing with the arguments canvassed in support and against this appeal, I will give a brief background of the case.
The plaintiff/appellant (hereinafter …