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(2025) JELR 114168 (CA)

Court of Appeal 28 May 2025 Ghana
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- Plaintiff appealed the High Court's dismissal of both her claim and Defendant’s counterclaim, contending the judgment was against the weight of evidence. - Central procedural issue: whether the appeal to the Court of Appeal, filed on 17 M

Case Details

Suit Number:H1/226/23
Judges:DENNIS DOMINIC ADJEI, JA EMMANUEL ANKAMAH, JA LYDIA OSEI MARFO (MRS), JA
Counsel:ELVIS ADU AMEYAW FOR DEFENDANT/RESPONDENT WITH HIM ENOCK ADU AMEYAW. PRINCE KAPONDE FOR PLAINTIFF/APPLICANT.
Location:Accra

JUDGMENT

ADJEI, J.A

The Plaintiff filed an appeal against the judgment of the High Court delivered on 17th February, 2022, which the trial High Court dismissed both the Plaintiff’s claim and the Defendant’s counterclaim for non-proven. The Plaintiff, dissatisfied and aggrieved by the said judgment of the High Court, filed an appeal against the same to this Court on 17th May, 2022. The appeal has only one ground of appeal, which is that the judgment is against the weight of evidence on record. Before proceeding to discuss the merits of the appeal, I will discuss its admissibility, which goes to the root of the appeal.

The general rule of law is that where an appeal is incompetent as a result of filing of the notice of appeal out of time without the leave of the appropriate court or where it is filed in a wrong forum, the appeal shall be declared inadmissible to truncate the discussion on the merits of the case notwithstanding the fact the appellant may have a cast-iron case against the re…

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