Customer Support

MRS. ERNESTINA ABOAH NDAW
V.
MR. FRED ASAMANI

(2013) JELR 64276 (CA)

Court of Appeal 11 Apr 2013 Ghana
BriefBot icon

BriefBot Summary

Free

- The case is an appeal against the High Court's decision not to vest title of disputed land to the plaintiff/appellant. - The plaintiff/appellant claimed two pieces of land, but lost the case despite having previously obtained a judgment

Case Details

Suit Number:CIVIL APPEAL SUIT NO: H1/20/12
Judges:DUOSE J.A (PRESIDING), GYAESAYOR J.A, WELBOURNE (MRS.) J.A
Counsel:MR. ISAAH ADAM FOR PLAINTIFF/APPELLANT

JUDGMENT

GYAESAYOR, JA

This is an appeal against the decision of the High Court, Koforidua dated 16th December 2010 refusing to vest title of the disputed land to the plaintiff/appellant herein.

A reading of the Record of Appeal (ROA) reveals an interesting scenario in the conduct of this case. The plaintiff who claimed two pieces of land as endorsed issued a writ in the High Court, Koforidua but events show she lost the case after she had previously obtained judgment in default of appearance. It is clear from the record of appeal that the defendant never entered appearance to the suit filed in the High Court and indeed, the present appeal is said to have been served on him by substituted service. The defendant respondent therefore never participated in the trial in the court below and is not taking part in the present appeal.

The plaintiff/appellant upon receiving an adverse decision against her filed this appeal challenging the decision of the High Court. The notice of appeal was filed …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.