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DAVIS KOFI AYITEY
V.
KWEKU BORDOH & 2 ORS.

(2005) JELR 63581 (CA)

Court of Appeal 4 Nov 2005 Ghana
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- Plaintiff sought, inter alia, an order compelling the 1st Defendant to execute an indenture for Plot No. 16 and a perpetual injunction restraining alienation, while the 2nd Defendant/Appellant counterclaimed for a declaration of title and

Case Details

Suit Number:CIVIL APPEAL NO. H1/195/04
Judges:FARKYE J.A. [PRESIDING], MRS. ABBAN J. A., MARFUL-SAU J.
Counsel:MR. F. FAIDOO FOR THE PLAINTIFF/RESPONDENT ,MR. AMUA-SEKYI FOR THE DEFENDANT/APPELLANT.

MARFUL-SAU, J.

This appeal is taken from the judgment of the Circuit Court, Sekondi. The judgment is dated the 14th April 2003 and the Notice of Appeal was filed on the 27th May 2003. In the Notice of Appeal, the Appellant formulated the following grounds:

(a) The trial judge erred in holding that the Plaintiffs grant was prior in time to that of the 2nd Defendant.

(b) The trial Judge erred in entering judgment for the Plaintiff.

(c) The trial Judge erred in disregarding Exhibit 1.

(d) The judgment is against the weight of evidence.

(e) The cost awarded is excessive.

No additional grounds were filed and in his submission before this Court, Counsel for the Appellant argued grounds (a), (c) and (d) together and also argued ground (b) which by the said submission relates to the final judgment entered by the trial court for the Plaintiff on the 23rd of March 1999 against the 1st Defendant for his default in filing a defence.

The brief facts of this case are as follows. The Plaintiff issued a Writ…

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