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NANA ESSEL AMOQUANDOH III & 2 ORS
V.
RICHARD KWESI MENSAH & 5 ORS

(2024) JELR 112824 (SC)

Supreme Court 30 Oct 2024 Ghana
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- The plaintiffs/appellants are seeking to set aside the judgment of the Court of Appeal and have judgment entered in their favor. - The judgment under appeal reversed the trial court's decree of title to disputed lands in favor of the plai

Case Details

Suit Number:CIVIL APPEAL NO. J4/21/2024
Judges:LOVELACE-JOHNSON (MS.) JSC (PRESIDING) ACKAH-YENSU (MS.) JSC GAEWU JSC KWOFIE JSC DARKO ASARE JSC
Counsel:ROLAND ATTA KESSON HAMILTON ESQ. FOR THE PLAINTIFFS/RESPONDENTS/APPELLANTS. S. K. AMOAH ESQ. FOR THE DEFENDANTS/APPELLANTS/RESPONDENTS.

JUDGMENT

DARKO ASARE, JSC:

In this appeal against the judgment of the Court of Appeal, Accra delivered on the 4th of May 2023, the Plaintiffs/Appellants seek the setting aside of the judgment of the court below and for judgment to be entered in their favour. The judgment under appeal reversed the trial court’s decree of title to the disputed lands in favour of the Plaintiffs/Appellants, and also overturned the trial court’s grant of other endorsed reliefs including recovery of possession, setting aside alleged alienations to and by the Defendants, and an injunction.

The key question for our resolution in this appeal is whether the Court of Appeal correctly re-evaluated the evidence on record, applied the relevant law and consequently came to the right conclusion when it reversed the decision of the trial court in this suit.

The grounds of appeal formulated by the Plaintiffs/Appellants are as follows:-

i) That the judgment is against the weight of evidence adduced by the Parties before the …

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