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KOFI SARPONG
V.
FRANKLIN ADU BOBI JANTUAH

(2014) JELR 66503 (CA)

Court of Appeal 20 Feb 2014 Ghana
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- This is an appeal from a judgment of the High Court in Kumasi. - The trial court dismissed the claims of the plaintiff and affirmed the counterclaim of the defendant. - The plaintiff appealed, arguing that the judgment was against the wei

Case Details

Suit Number:CIVIL APPEAL NO: H1/71/13
Judges:MARFUL- SAU JA (PRESIDING), ADUAMA- OSEI JA, TORKORNOO GERTRUDE JA

MARFUL-SAU, JA:

This appeal is taken from the judgment of the High Court sitting at Kumasi. By the judgment dated the 3rd of June 2010 the trial court dismissed the claims of the plaintiff who is the appellant herein and affirmed the counterclaim of the defendant/respondent. The effect of the judgment by the trial court was that the defendant/respondent was adjudged the owner of property number 511 Block XXVI, OTB Adum-Kumasi.

The appellant dissatisfied with the decision of the trial court mounted this appeal praying that the judgment below be set aside and ownership of the property the subject matter of the dispute declared in him. In his Notice of Appeal, the appellant formulated three grounds which were argued together by his Counsel in his written submission. An additional ground was later filed and argued.

The grounds of appeal argued are as follows:

“(1) The trial court erred when it made a finding of fact that Kwame Adu Bobi is the same person as the defendant/respondent.

(2) The tr…

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