EMMANUEL NII TACKIE
V.
J.B MENSAH & 2 ORS

(2008) JELR 65614 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/81/07 ·  24 Apr 2008 ·  Ghana
CORAM
MRS. ABBAN J. A. [PRESIDING], QUAYE JA, ANIN YEBOAH J
Core Terms Beta
respondent
appellants
exhibit
3rd appellants
late isabella woode
deed of gift
learned trial judge
trial judge
claim
1st appellant
2nd appellant
appeal
cross-examination
land title certificate
additional grounds of appeal
3rd defendant
above shows
additional issues
appellants’ case
circuit court accra
circuit court judge
conflicting evidence of the plaintiff
conflicts of evidence
contents of the said exhibit
credible evidence of a plaintiff
evidence of 2nd appellant
evidence of the plaintiff
execution of the said deed of gift
findings of the learned trial circuit judge
gift of the house no.
grant of the land title certificate
high court judge
house no. a.
inter alia
issues
land title certificate exhibit
land title registrar
late mother
legal issue
legal right
main issues
officials of the land title registry
original grounds of appeal
plaintiff’s case
respondent’s case
signature of the late isabella woode
submission of case
view of the caveat
weight of the evidence

JUDGMENT

MRS. ABBAN, JA

This is an appeal from the Circuit Court Accra. The judgment which was delivered on 17th May 2003 went against the 2nd and 3rd Defendant (hereinafter referred to as the appellants) and being aggrieved they have appealed against it to this court.

Their original grounds of appeal were two namely:

(a) That the judgment of his honour the Circuit Court judge cannot be supported by the weight of the evidence offered by the defendants.

(b) That the trial judge failed to consider the conflicting evidence of the Plaintiff/Respondent and his witness.

On the 11th October 2005 the Appellants filed 5 additional grounds of appeal namely:

1. The trial judge erred in failing to consider the fact that the evidence of the Plaintiff/Respondent that one Emelia Nettey signed Exhibit “A” as witness to the signature of the late Isabella Woode is not borne out by the contents of the said Exhibit “A.”

2. The trial judge again failed to consider the fact that one Mrs. Dora Boye who swore to the…

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 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login