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

(2023) JELR 112463 (CA)

Court of Appeal 4 May 2023 Ghana
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- This case is an appeal from a decision of the High Court in favor of the plaintiffs/respondents. - The appellants are dissatisfied with the judgment and have filed an appeal. - The issues in the case include the ownership of the disputed

Case Details

Suit Number:H1/66/2022
Judges:GEORGE KINGSLEY KOOMSON JSC (PRESIDING) P. BRIGHT MENSAH JA JENNIFER DADZIE JA
Counsel:S. K. AMOAH FOR 2ND TO 6TH APPELLANT. ROLAND ATAK K. HAMMOND FOR DEFENDANT/RESPONDENT.
Location:Accra

JUDGMENT 

BRIGHT MENSAH JA:

This is an appeal from the decision of the High Court, Winneba handed down on 13/12/2021 in favour of the plaintiffs/respondents herein, simply referred to in this judgment as the respondents.  The judgment of the lower court complained of, appears on pp 552-579 of Vol.2 of the record of appeal [roa].  

Being dissatisfied with the judgment, the 2nd-5th defendants/appellants herein presently referred to simply as the appellants, have launched the instant appeal per a notice of appeal filed with this court, on the grounds that:

  1. The learned trial judge erred by finding that the land in dispute belongs to Fetteh Kakraba and not Gomoah Fetteh.

  2. The learned trial judge erred by coming to the conclusion that although the plaintiffs had failed to identify the land on which the defendants had trespassed their claim ought to succeed.

  3. The learned trial judge erred by giving judgment against the 1st defendant when he had not been substituted.

  4. The judgment is against the weight…

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