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ELIZABETH BONA
V.
OPOKU EBENEZER

(2013) JELR 66673 (CA)

Court of Appeal 24 May 2013 Ghana
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- This is an appeal against the decision of the High Court, Sunyani, which dismissed the plaintiff's claim. - The plaintiff claimed for declaration of title, recovery and possession of a building plot, general damages for trespass, and an i

Case Details

Suit Number:CIVIL CASE NO: HI/91/2012
Judges:JUSTICE E K AYEBI JA [PRESIDING], JUSTICE IRENE C DANQUAH JA, JUSTICE I O TANKO AMADU JA
Counsel:NANA OBIRI BOAHENE ESQ FOR PLAINTIFF/APPELLANT,TUAH YEBOAH ESQ FOR DEFENDANT/RESPONDENT

IRENE C DANQUAH, J. A

This appeal is against the decision of the High Court, Sunyani dated 19th December 2011 which dismissed the Plaintiff/Appellant claim in its entirety. Aggrieved by the said decision, the Plaintiff has mounted this appeal on two main grounds as follows:

1. Judgment was against the weight of evidence.

2. The learned trial judge erred when he held that the Plaintiff has failed to prove her case.

Subsequently, the Plaintiff filed 5 additional grounds of appeal with the leave of the Court which are;

a. Having satisfactorily proved her case, the learned judge erred in law when he dismissed the Plaintiff/Appellant’s case.

b. The learned trial judge incorporated extraneous matters into the case which clouded his vision of the case.

c. The learned judge failed or refused to apply the principle of “NEMO DAT QUOD NON HABET” which said resulted in substantial miscarriage of justice.

d. Having regards to the exhibits tendered, by the Appellant the learned trial judge erred in law whe…

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