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CELESTINE KUAGBENU
V.
CECILIA SPENCER

(2015) JELR 68962 (SC)

Supreme Court 3 Jun 2015 Ghana
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- This is an appeal case where the decision of the Court of Appeal was reversed and judgment was entered for the plaintiff against the defendant. - The appellant is seeking a reversal of the Court of Appeal's decision and the question for t

Case Details

Suit Number:CIVIL APPEAL NO. J4/58/2013
Judges:WOOD CJ(PRESIDING), DOTSE JSC, ANIN YEBOAH JSC, GBADEBE JSC, BENIN JSC
Counsel:B. B. QUAYE ESQ. FOR THE DEFENDANT/RESPONDENT/APPELLANT; SAMUEL CODJOE ESQ. (WITH HIM JAMES MENSAH KULLEY FOR THE PLAINTIFF/ APPELLANT/RESPONDENT).

JUDGEMENT

GBADEGBE JSC:

This is an appeal from the decision of the Court of Appeal by which the previous decision of the trial High Court in the action herein was reversed and judgment entered for the plaintiff (the respondent herein) against the defendant (the appellant herein). In these proceedings, the appellant seeks a reversal of the decision of the Court of Appeal, and as the said decision had earlier on reversed that of the trial court, the question for our decision is whether the judgment of the Court of Appeal is supported by the admitted evidence on the record. In particular, we are required to determine if the decision of the trial High Court has suffered from a wrong conclusion on the effect of the evidence and or was perverse or unreasonable. As our task is in the nature of a re-hearing, we are carefully to review the evidence contained in the record of appeal for the purpose of determining whether the appellant’s complaint to us based on the grounds of appeal contained in …

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