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HYDRAFOAM ESTATE LTD
V.
MR. KUMNIPA AND MR. AGYEMAN

(2015) JELR 68973 (SC)

Supreme Court 24 Jun 2015 Ghana
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- This case involves an appeal by the Plaintiffs against the unanimous judgment of the Court of Appeal, which dismissed their initial appeal against the decision of the High Court. - The Plaintiffs had filed a writ of summons seeking a decl

Case Details

Suit Number:CIVIL APPEAL NO. J4/35/2014
Judges:ATUGUBA JSC (PRESIDING), ANSAH JSC, DOTSE JSC, ANIN YEBOAH JSC, AKOTO BAMFO (MRS) JSC
Counsel:EDWARD SAM CRABBE ESQ. FOR THE PLAINTIFF/APPELLANT/ APPELLANT; J. AYIKOI OTOO ESQ. FOR THE DEFENDANTS/RESPONDENTS/ RESPONDENTS.

JUDGEMENT

DOTSE JSC:

This is an appeal by the Plaintiffs/Appellants/Appellants, hereafter referred to as the Plaintiffs, against the unanimous judgment of the Court of Appeal rendered on the 31st day of October 2013 which dismissed the initial appeal lodged by the Plaintiff’s against the decision of the High Court dated 27th May 2011 which also dismissed the Plaintiff’s action and entered judgment for the 1st Defendant/Respondent/Respondent, hereafter referred to as the 1st Defendant, on his counterclaim as specified in the judgment therein of 27th May 2011.

From the above rendition, what strikes us in the face is the fact that, the Plaintiff’s not only lost the case at the High Court, where judgment was entered on behalf of the 1st Defendant on his counterclaims as specified, but also lost their appeal against the High Court decision to the Court of Appeal. This in effect raises the legal principles involved where a party like the plaintiffs lost the case at both the trial court and the…

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