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NUMO AKWETEY AWULEY
V.
NENE KWAKU DARPOH I

(2024) JELR 112465 (CA)

Court of Appeal 25 Jan 2024 Ghana
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- The judgment is an appeal from a High Court decision in favor of the plaintiff in a land dispute case. - The defendant/appellant argues that the trial judge erred in concluding that the defendant has no interest in the land and in declari

Case Details

Suit Number:H1/178/2022
Judges:HENRY KWOFIE JSC (PRESIDING) NOVISI ARYENE JA AFIA.S. ASARE-BOTWE (MRS.) JA.
Counsel:GODWIN E. TAMAKLOE FOR DEFENDANT/APPELLANT. GEORGE ABORGAH FOR PLAINTIFF/RESPONDENT.
Location:Accra

JUDGMENT

AFIA SERWAH ASARE-BOTWE JA

This is an Appeal from a Judgment of the High Court, Tema, dated the 25th of November, 2021 brought for and on behalf of the Defendant/Appellant (also referred to as “the Defendant” where the context so admits) herein on grounds set out per an Amended Notice of Appeal filed on the 8th of February, 2023 viz;

a. The trial judge erred when she effectively concluded that the Defendant/Appellant has no interest in the land in dispute and proceeded to declare the Plaintiff/Respondent as the owner of the land in dispute. 

PARTICULARS OF ERROR OF LAW

I. The conclusion of the trial judge contravened the holding in Suit Nos. E1/21/2007, H1/220/2012 and J4/38/2015 intituled Kweinor Teye Kwabla v. Nene Kwaku Darpoh and 2 Ors. that the Defendant/Appellant has an interest in the land in dispute.  

II. The vesting assent of the Defendant/Appellant constituting evidence of the Defendant/Appellant’s interest in the land in dispute was not challenged by the Plaintiff/Respo…

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