DANIEL MERCER @ DANNY KAY
V.
SAMUEL QUARM & ANOR.

(2007) JELR 69942 (CA)    
Court of Appeal  ·  H1/197/06 ·  6 Jul 2007 ·  Ghana
CORAM
ARYEETEY JA [PRESIDING], ANIM JA, ABBAN [MRS] JA
Core Terms Beta
evidence
respondent
defendant
persons
witnesses
appeal
exhibit
garage space
house no.
learned trial judge
parties
plaintiff's mother
question
25th february
2-room boys quarters
answer
boys quarters
case of the plaintiff
co-defendant
co-executors of the will of james mercer
court of appeal
cross-examination
deeds registry no. lvb
evidence of the d.w.
ground floor
grounds of appeal
h. abban
instant case
interesting thing
judge
judgment of the sekondi high court
late father james mercer
learned judge
oath state
own personal use
prince of wales road
probate of the said will
proper person
relevant witnesses
room boys quarters
subject matter of the bequest
such places
weight of evidence
will of the late james mercer
witness box
wrong person

ABBAN [MRS] JA

This is an appeal from the judgment of the Sekondi High court dated 2nd March 2001.

The judgment went against the Defendant/Appellant and the Co-Defendant/appellant, and being dissatisfied they have appealed against same.

They filed 5 (five) grounds of appeal namely:

(a) Judgment is against the weight of evidence.

(b) The judge erred in law by failing to take evidence from the locus.

(c) The learned judge failed to properly evaluate the evidence.

(d) There was no basis for the award of mesne profit.

(e) The cost awarded was excessive.

The case of the Plaintiff/Respondent is that the 2-rooms occupied by the Defendant/Appellant which is the boys quarters or servants' quarters was devised to him by his late father James Mercer in his Will dated 20/08/85 Probate of the said Will was granted to 3 (three) executors namely John Kodjo Colerangle, E. Topp Yankah and Ekow Mensah.

On 25th February 1989 a vesting assent was duly executed and registered as WR 114/89 with Deeds Registry No. LV…

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