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ERZOAH AZANI & ANOR
V.
NZEMA EAST DISTRICT ASSEMBLY & ORS

(2023) JELR 112431 (CA)

Court of Appeal 13 Jul 2023 Ghana
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Case Details

Suit Number:H1/32/2022
Judges:MARGARET WELBOURNE (MRS.) J.A (PRESIDING) SOPHIA ROSETTA BERNASKO ESSAH (MRS.) J.A. JEROME NOBLE-NKRUMAH J.A.
Counsel:PATIENCE ABLAH AMANSIE-BOATENG FOR THE PLAINTIFFS/RESPONDENTS. GEORGE DOFAH FOR DEFENDANTS/APPELLANTS.
Location:Accra

JUDGMENT

SOPHIA R. BERNASKO ESSAH (MRS) JA:

This is an appeal at the instance of Defendants/Appellant, against the Judgment of the Circuit Court, Takoradi, delivered on 15th November, 2011 on the following grounds:

a. The judgment is against the weight of evidence.

Additional grounds:

b. The learned trial Judge erred in giving judgment for the plaintiff when they have not proved the boundary between their land and the Defendant’s land.

c. The learned Trial Judge made wrong inferences from the facts on record.

In this delivery we will refer to the parties with the description they carried at the Trial Court: the Plaintiffs/Respondents as the Plaintiff and the Defendants/Appellant as the Defendant.

The genesis of this appeal, is traceable to a suit initiated on the 28th of August, 2006 by Plaintiffs as represented by the 1st Plaintiff as head of the Ezhole Stool family of Anochie and the 2nd Plaintiff as chief of Anochie and also a member of the stool family, against the defendants the Nzema Di…

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