DEEPER CHRISTIAN LIFE MINISTRY AND 6 OTHERS
V.
ALEX KOFI KUMAH

(2013) JELR 63600 (CA)    
Court of Appeal  ·  SUIT NO: H1/144/2012 ·  18 Apr 2013 ·  Ghana
CORAM
OWUSU M. J.A. (PRESIDING), DANQUAH I. J.A., TORKORNOO G. J.A
Core Terms Beta
respondent
appellant
land
trial judge
case
counsel
exhibit b
cross examination
weight of evidence
family property
exhibits d
plaintiff’s claim
small portion
absence of a jurat
defendant’s family
evidence act
high court
instant appeal
judgment of the high court
main issues
respect of the disputed land
tetteh kumah
acquired parcel of land
appellant argued grounds
case of the appellant
content of the said document
court appeal
decision of the trial court
disputed property
due process of law
exhibit b flies
first issue
following grounds
following issues
late father
mr. asante buja
plaintiff’s account shows
portions of the respondent
proof of its case
q. mr. kumah
receipt of the record of appeal
respondent specific performance
second issue
small place
subject matter of the instant dispute
trial of this suit
true exhibit b states
written document

JUDGMENT

MARIAMA OWUSU, J.A:

Two main issues crop up for determination in this appeal. They are as follows;

1. Whether the disputed property is family property.

2. Whether or not the transaction entered into by the parties in 2007 is an outright sale of the disputed property or a rent agreement for ten (10) years.

The trial judge answered the first issue in the affirmative. On the second issue, he came to the conclusion that the transaction was a rent agreement.

Dissatisfied with the decision of the trial court, the plaintiff/appellant mounted the instant appeal on the following grounds:

i. The judge erred in holding that the land the subject matter of the instant dispute, belonged to Defendant’s family.

ii. The judgment was against the weight of evidence.

iii. The trial judge wrongly exercised his discretion when against the weight of evidence, he refused plaintiff’s claim.

iv. Further grounds to be filed on receipt of the Record of Appeal.

The relief sought from the Court Appeal:

That the Judgm…

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