CHARLLES ADDAE & OTHERS
V.
KOFI AKUADA &ANOTHER

(2019) JELR 69808 (CA)    
Court of Appeal  ·  SUIT NO. H1/24/2019 ·  28 May 2019 ·  Ghana
CORAM
MARIAMA OWUSU J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A
Core Terms Beta
appellants
counsel
court
high court
interested parties
criminal procedure
district court
civil procedure
trial district court
appellants’ counsel
appellate court
grounds of appeal
kwame danso district court
motion ex-parte
ruling of the high court
entire ruling of the learned trial judge
fetish of section
given situation
learned trial judge
legal effect of the exhibits
order of the district court
respect of an ex-parte application
such error
way of judicial review
weight of documentary evidence
weight of the exhibits
wrong conclusion
wrong vision of the entire case
additional grounds of appeal
appellants’ case
appellants’ view
death of opanin kwame mensah
district magistrate of kwame danso
facts of the case
judicial authorities
learned high court judge
order of certiorari
peace of kajaji
principal members of the gyaasehene stool
receipt of the records of appeal
record shows
right person
unique nature of this case
way of ex-parte
written submissions of both parties

WELBOURNE, JA

This is an appeal against the decision or ruling of the High Court, Sunyani, dated the 4th day of June, 2017.

THE GROUNDS OF APPEAL as found on pages 73 to 74 of the ROA are as follows:

a. The entire ruling of the learned trial judge was much against the weight of documentary evidence or much against the weight of the exhibits and affidavits filed by the Applicants/Appellants.

b. The learned trial judge sadly failed to consider critically the legal effect of the exhibits “A”-“C” tendered by the Applicants/Appellants and which such error resulted in substantial miscarriage of justice to the Applicants/Appellants.

c. The cost awarded against the Applicants/Appellants was excessive.

d. Additional grounds of appeal shall be filed upon the receipt of the Records of Appeal.

No further ground of appeal was filed as per the ROA and the Written Submissions of both Parties. There are therefore three (3) grounds of appeal to be dealt with by this Court and due to the unique nature of this…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login