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DR. KOJO APPIAH KUBI
V.
KOFI OWUSU & ANOR

(2024) JELR 112449 (CA)

Court of Appeal 18 Apr 2024 Ghana
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- This is an appeal against a judgment in favor of the plaintiff/respondent. - The appellant argues that the trial judge erred in holding that the plaintiff proved a case of resulting trust. - The appellant also argues that the trial judge

Case Details

Suit Number:CIVIL APPEAL NO.: H1/040/2024
Judges:GEORGINA MENSAH-DATSA (MRS), J.A. ALEX OWUSU-OFORI, J.A SAMUEL OBENG-DIAWUO, J.A
Counsel:KWAME ANTWI AFRIYIE ESQ. FOR THE PLAINTIFF/RESPONDENT. HAGAR ADDO FOR THE 2 DEFENDANT/ APPELLANT.
Location:Kumasi

JUDGMENT

MENSAH-DATSA, JA.: This is an appeal by the 2 Defendant/Appellant (hereinafter referred to as Appellant) against the judgment of the High Court, Kumasi dated 5 March, 2020 in favour of the Plaintiff/Respondent (hereinafter referred to as Respondent).

The grounds of appeal are stated at page 414 (Vol. 3) of the Record of Appeal as follows:

(a)  That the learned trial judge erred when he held that the plaintiff had proved a case of resulting trust.

(b)  That the learned trial judge erred in law when he relied on a letter which was said to have been written by a deceased person without corroboration to prove that the plaintiff financed the construction of the disputed property. That the judgment is against the weight of evidence.

(c)  Additional grounds of Appeal to be filed upon the receipt of the Record of Appeal.

No additional grounds of appeal were filed.

The relief sought from the Court of Appeal is to set aside the entire judgment entered in favour of the Plaintiff and to replace…

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