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EBENEZER AFFLAH SACKEY
V.
ISAAC TETTEH

(2019) JELR 68038 (CA)

Court of Appeal 14 Feb 2019 Ghana
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- The case revolves around a dispute over land ownership between the plaintiff and the defendant. The plaintiff claimed that he acquired the disputed land through a deed of gift from the Nungua Stool in 1973 and had been in possession of it

Case Details

Suit Number:CIVIL APPEAL NO: H1/80/2018
Judges:C. J. HONYENUGA JA (PRESIDING), AVRIL LOVELACE-JOHNSON JA, N.C.A. AGBEVOR JA
Counsel:MR. HUMPHERY MODZAKA FOR DEFENDANT/APPELLANT,MS. MELISSA AMARTEIFIO FOR PLAINTIFF/RESPONDENT

JUDGMENT

HONYENUGA, JA

On the 31st day of January 2017, the High Court, Land Division, Accra entered judgment for the plaintiff on his claim and dismissed the counter claim of the defendant.

Aggrieved by the decision of the High Court, the defendant/appellant filed an appeal on the 15th February 2017 based on the sole omnibus ground which was subsequently amended on the 11th June 2018 as follows:-

“a. The judgment is against the weight of evidence adduced at the trial.

Grounds (2) – (6) Added By Leave Granted on 11th June, 2018 as follows:-

b. The trial court erred when it failed to hold that the gift of the disputed land by the Nungua Stool to the plaintiff was illegal.

c. The trial court erred when it held that the registered indenture of Mallam Musa was invalid, leading to miscourage of justice (sic).

d. The trial court erred when it failed to hold that the plaintiff’s action is statute barred.

e. The trial court erred when it failed to declare that the plaintiff’s Power of Attorney dated 1…

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