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DAMALI & ANOR.
V.
DATSOMOR & 4 ORS.

(2025) JELR 113119 (CA)

Court of Appeal 26 Feb 2025 Ghana
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Case Details

Suit Number:H1/07/2024
Judges:P. BRIGHT MENSAH, JA JEROME NOBLE-NKRUMAH, JA HAFISATA AMALEBOBA (MRS), JA
Counsel:HENRY SANGMOR FOR THE PLAINTIFFS/APPELLANTS ELIZABETH ABU-BAIDOO LED BY E. ASAFO-AGYEI FOR THE 2ND – 5TH DEFENDANTS/RESPONDENTS
Location:Koforidua

JUDGEMENT

BRIGHT MENSAH JA:

This is an appeal from the judgment of the Koforidua High Court, delivered 18/07/2022, given in favour of the defendants/respondents, as against the plaintiffs/appellants. See: pp 174-191 of the record of appeal [roa].

Being dissatisfied with, and aggrieved by the said judgment, the plaintiffs/ appellants have lodged the instant appeal, on the following grounds:

  1. The judgment is against the weight of evidence.

  2. The learned trial judge erred when he held that “the 2nd plaintiff had no evidence to prove that his sister was not present during the sale, the wife of the late Mr Faustinus Mensah was not present during the sale of the land, and Yellow, his late father’s brother did not witness the sale’ and this has occasioned a miscarriage of justice.

  3. The learned trial judge erred in holding that the 2nd plaintiff suppressed the evidence of Alexander Okyere and this has occasioned a miscarriage of justice.

  4. The learned trial judge erred in holding that “Mr Faustinus Kwam…

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