KWAME PERBI
V.
NII KWAME PERBI II & 5 OTHERS

(2016) JELR 64653 (CA)

Court of Appeal 24 Mar 2016 Ghana
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- This is an appeal from a judgment of the High Court (Land Division), Accra. - The trial court made procedural errors that fundamentally flawed the judgment. - The respondent did not personally testify but instead gave a Power of Attorney

Case Details

Suit Number:CIVIL APPEAL NO. H1/236/2015
Judges:MARFUL- SAU JA (PRESIDING), AGNES DORDZIE JA, TANKO AMADO JA
Counsel:KOFI FRIMPONG- MANSO FOR THE FIRST DEFENDANT/APPELLANT,K. A. OWUSU- ANSA FOR THE PLAINTIFF/ RESPONDENT

MARFUL-SAU, JA: - This appeal is taken from the judgment of the High Court (Land Division), Accra which was delivered on the 17th of November, 2014. The trial court after taking evidence from the parties entered judgment for the plaintiff; declaring the plaintiff family owners of a parcel of land situate at Samsam- Odumase near Nsawam as endorsed on the writ of summons. The first defendant who was dissatisfied with the judgment filed a Notice of Appeal on the 20th of November 2014 and formulated seven grounds of appeal. In this judgment the plaintiff will be referred to as the Respondent while the first defendant will be called the Appellant.

Upon examining the record of appeal, we observed that the entire trial suffered some procedural errors committed by the parties and the court alike. These errors we find are very fundamental and for that matter flaws the judgment entered by the court at the end of the trial. We shall now address the errors committed in the trial.

The first is that …

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