EDGAR EFA & ANOR.
V.
BAFFOUR NKANSAH

(2024) JELR 111549 (CA)

Court of Appeal 21 Mar 2024 Ghana
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- This is an appeal from a judgment of the High Court, Land Division, Accra. - The grounds of appeal include that the judgment is against the weight of evidence and that the trial judge erred in construing a deed of assignment as valid. - T

Case Details

Suit Number:HI/242/23
Judges:P. BRIGHT MENSAH JA (PRESIDING) A.S. ASARE-BOTWE (MRS) JA CHRISTOPHER ARCHER JA
Counsel:KWAME ADUBENG YANKYERA WITH KWABENA DWUNFOUR AMPONG FOR PLAINTIFF/RESPONDENT; RAYMOND FELLI FOR DEFENDANTS/APPELLANTS.
Location:Accra

JUDGMENT

AFIA SERWAH ASARE-BOTWE (MRS.) JA:

This is an appeal from the Judgment of the High Court, Land Division, Accra, dated the 14th day of April, 2022.

The Notice of Appeal (at pages 39 to 40 (and 93 to 94) of Vol. 3 of the Record of Appeal (ROA) was filed on the 21st of June, 2022, on the following grounds;

i. The Judgment is against the weight of evidence

ii. The Learned Trial Judge erred by construing “Exhibit B”, Plaintiff’s deed of assignment from two assignors but signed by only one assignor as valid to confer upon the Plaintiff/Respondent interest in the disputed land.

iii. Additional grounds may be filed upon receipt of the records of appeal.

On the record, no additional grounds were filed.

THE ANTECEDENTS OF THE CASE:

Before proceeding to deal with the necessary procedural and substantive issues in this matter, it would be prudent to set out the background of the action before the Court.

This suit initially commenced with the issuance, initially, of writ of summons and statemen…

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