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LUMOR BORTEY BORQUAYE
V.
ALHAJI ABDUL AZIZ & ANOR

(2023) JELR 112440 (CA)

Court of Appeal 5 Apr 2023 Ghana
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- The appellant, claiming as customary successor to his late father and grantee of Nungua Stool lands at Adjiriganor, sought a declaration of title, perpetual injunction, recovery of possession, damages for trespass, and costs against the r

Case Details

Suit Number:H1/31/2020
Judges:MARGARET WELBOURNE JA (PRESIDING) P. BRIGHT MENSAH JA BARTELS-KODWO JA
Counsel:Penu Marshall for the plaintiff/appellant. Gloria Gbogbo for the defendants/respondents.
Location:Accra

JUDGMENT

BRIGHT MENSAH JA:

The plaintiff/appellant herein has launched the instant appeal against the decision of High Court, [Land Division] Accra, delivered 13/02/2019 in favour of the defendants/respondents.  Per a notice of appeal filed with this court on 21/03/2019, the plaintiff/appellant complains that:

  1. The judgment is against the weight of evidence.

  2. The entire judgment was ambiguous and failed to provide reasons for the conclusions arrived at.

  3. The trial judge erred by not following the decisions of the superior courts which are binding on her.

  4. The trial judge disregarded and did not determine at all the plaintiff/appellant’s issues 8 and 9 raised on the pleadings and argued in the submission but rather held erroneously and contrary to the evidence on record that the plaintiff/appellant did not raise any issues on the pleadings.  

  5. The learned trial judge ignored the call for superimposition of plans raised in the plaintiff’s issues for determination and paid no attention to all the do…

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