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KWASI NOI
V.
AFUA AGYEIWAA & TWO OTHERS

(2010) JELR 66095 (CA)

Court of Appeal 30 Jul 2010 Ghana
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- This is an appeal against a decision of the High Court in Kumasi. - The High Court entered judgment in favor of the plaintiff and awarded costs to the plaintiff. - The defendants filed an appeal to this Court, claiming that the judgment i

Case Details

Suit Number:CIVIL APPEAL NO. H1/21/2010
Judges:MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.
Counsel:DARKWA DWAMENA ESQ. COUNSEL FOR PLAINTIFF/RESPONDANT; STEPHEN OPPONG ESQ. COUNSEL FOR DEFENDANTS/APPELLANTS.

JUDGEMENT

BY COURT:- JUDGMENT:

This is an appeal against the decision of the High Court, Kumasi, dated 15th day of July 2003. In the said decision, the High Court entered judgment for the plaintiff for the reliefs endorsed on his Writ of Summons. The court further awarded cost of ¢3m to the plaintiff.

Dissatisfied with the decision of the High Court, the defendants filed appeal to this Court.

The Grounds of Appeal are as follows:

a) That the judgment is against the weight of evidence.

b) That the judge erred in evaluating the evidence.

c) Additional Grounds to be filed on receipt of the record of proceedings.

The reliefs sought from this Court are that, the judgment of the High Court be reversed thereby setting aside the judgment dated 15th day of July, 2003.

Before going into the merits of this Appeal, I would like to give a brief background of this case

The parties in this case have an uncle, Opanin Damprane (deceased), who acquired plot No.272/3 Fante Newtown – Kumasi – Ashanti. There is var…

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