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KOJO ASAMOAH & ANOR
V.
ANGELA FRITZ

(2012) JELR 64671 (CA)

Court of Appeal 30 Mar 2012 Ghana
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- This is an appeal against the decision of the Circuit Court, Kumasi. - The defendants were found to have fraudulently sold a house with the help of the second defendant and her husband. - The court ordered the first defendant to return th

Case Details

Suit Number:CIVIL APPEAL SUIT NO. H1/36/2012
Judges:MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A,IRENE C. DANQUAH (MS.) J.A.
Counsel:KWASI AFRIFA FOR PLAINTIFF/RESPONDENT

BY COURT: JUDGMENT:

This is an Appeal against the decision of the Circuit Court, Kumasi. The Court held among other things that:

“Since the 1st Defendant fraudulently sold the house and was able to accomplish his evil designs with the connivance or negligent participation of the 2nd Defendant and her husband, the 2nd Defendant’s cause of action should be against the 1st Defendant who should return the purchase price {with interest} and pay all damages by way of the expenditures made on the house. The innocent and diligent Plaintiff cannot be made to pay any compensation by way of damages for the said expenditure.

Cost of GH¢300.00 is allowed against the 2nd Defendant and GH¢1,000.00 against the 1st Defendant.”

Dissatisfied with the decision of the Circuit Court, the Defendants/Appellants appealed to this Court.

The Grounds of Appeal are:

1. The Judgment was a complete nullity and or void on the compendium ground that, the trial Judge wrongfully and impermissibly assumed jurisdiction over th…

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