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EBUSUAPANYIN KOBINA TAWIAH & ANOR
V.
EBUSUAPANYIN KOFI OTWE

(2023) JELR 112426 (CA)

Court of Appeal 23 Nov 2023 Ghana
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- This case involves an appeal by the plaintiffs against a judgment in favor of the defendant. - The grounds of appeal include that the judgment is against the weight of the evidence, the trial judge erred in various ways, and there was a m

Case Details

Suit Number:H1/45/2022
Judges:SENYO DZAMEFE (MR.) J.A (PRESIDING) SOPHIA ROSETTA BERNASKO ESSAH (MRS.) J.A. GIFTY AGYEI ADDO (MRS.) J.A
Counsel:KOFI AMPAH FOR THE PLAINTIFFS/APPELLANT. SOLOMON GYESI FOR DEFENDANT/RESPONDENT.
Location:Accra

J U D G M E N T

SOPHIA R. BERNASKO ESSAH (MRS) JA:

This is an appeal by the Plaintiffs against the judgment of the High Court dated 29th July, 2021 in which the Court gave judgment in favour of the Defendant.

The grounds of appeal are as follows:

  1. The judgment is against the weight of the evidence adduced at the trial.
  2. The trial judge erred when he held that the Plaintiffs failed to file reply and defence to counterclaim when same were filed on record.
  3. The learned trial judge improperly exercised his discretion when he denied the 1st plaintiff’s application to amend the defence to counterclaim thereby occasioning miscarriage of justice.
  4. The trial judge erred when he proceeded to conduct case management without taking directions upon the order for the trial de novo.
  5. The trial judge erred when he discharged 1st plaintiff’s attorney from the witness box upon objection being taken to only some paragraphs of the witness statement thereby occasioning miscarriage of justice.

In this delivery we will m…

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