BENONIA OKANG
V.
BENJAMIN T. SABAN & OR.

(2015) JELR 69502 (CA)    
Court of Appeal  ·  CIVIL SUIT NO: H1/13/2014 ·  18 Jun 2015 ·  Ghana
CORAM
M. OWUSU (J.A.) - PRESIDING, ADUAMA OSEI (J.A.), SAEED (J.A.)
Core Terms Beta
plaintiff
trial judge
counsel
open space
exhibit
main road
cross examination
building permit
plaintiff’s land
planning scheme of the area
ga east municipal assembly
defendants
high court
road extension
writ of summons
building permit billing form
court of appeal
plaintiff’s access
present site
real issue
real issues
scheme of the area
site plan
additional grounds
appeal fails
decision of the court
following grounds
further development of any building
land division accra
paragraph statement of claim
plaintiff’s claims
plaintiff’s father emmanuel adjei okang
plaintiff’s writ
portion of the cross examination
receipt of the record of appeal
record shows
reversal of the decision of the trial court
said land
siting of the building
written document

JUDGMENT

MARIAMA OWUSU, J.A.:

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 (hereinaft…

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