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NANA KWAKU POKU
V.
CHARLES K. AMENMATSRO

(2014) JELR 63890 (CA)

Court of Appeal 30 Jan 2014 Ghana
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- This is an appeal against a judgment in favor of the defendant/respondent. - The appellant raised several grounds of appeal, including errors by the judge and a miscarriage of justice. - The background facts involve a judgment obtained ag

Case Details

Suit Number:CIVIL APPEAL NO. H1/124/2013
Judges:JUSTICE F KUSI-APPIAH JA [PRESIDING], JUSTICE V OFOE JA , JUSTICE M WELBOURNE JA
Counsel:MR THOMAS HUGHES FOR APPELLANT, MR A. G. BOADU FOR RESPONDENT

JUDGEMENT

MARGARET WELBOURNE, J A

This appeal is against the judgment of the High Court delivered on 22nd June, 2012, in favour of the defendant/respondent against the plaintiff/appellant herein. Dissatisfied with the judgment, the appellant appealed against the said judgment. The grounds of appeal are as follows:

1. The learned judge erred when even though he found out that none of the Order(s) prior to the service were carried out nevertheless gave judgment for the Defendant.

2. The learned judge erred when he dwelt only on the fact that fraud was the only issue when the Plaintiff had raised the issue of nullity at the trial.

3. The judgment is a miscarriage of justice.

4. Even though the judge found out that hearing notices for the trial were never served on the Appellant nevertheless went ahead to rule that they were mere irregularities.

5. The judgment is against the weight of evidence.

By leave of this court the appellant filed the following additional grounds of appeal:

6. The learned j…

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