Customer Support

EFFIDUASE STOOL
V.
MPONUA STOOL

(2018) JELR 68259 (CA)

Court of Appeal 31 Oct 2018 Ghana
BriefBot icon

BriefBot Summary

Free

- The case is an appeal against a High Court judgment dated 29th March 2017, which ruled in favor of the plaintiff Stool, awarding GH¢40,000.00 general damages and GH¢10,000.00 cost against the defendant. - The defendant appealed on severa

Case Details

Suit Number:CIVIL SUIT NO.H1/70/2018
Judges:M. OWUSU (J.A.) – PRESIDING, KWOFIE (J.A.), GAISIE (J.A.)

MARIAMA OWUSU, J.A.:

This is an appeal against the judgment of the High Court, Kumasi dated 29th March, 2017. In the said decision, the court entered judgment for the plaintiff Stool on all the reliefs endorsed on its writ of summons. It also awarded GH¢40,000.00 general damages in favour of the plaintiff against defendant and Gh¢10,000.00 cost in favour of the plaintiff against defendant.

Dissatisfied with the decision of the trial Judge, the defendant appealed on the following grounds:

i. The judgment of the court below was against the weight of evidence.

ii. The weight of evidence did not support the conclusion of the court below decreeing the reliefs sought by the plaintiff/respondent in its favour. The failure of the court below to properly, dispassionately, fairly and validly evaluate the evidence before it occasioned the defendant/appellant substantial miscarriage of justice amounting a denial of justice.

iii. The judgment is very subversive of the ancient well-established constitut…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.