NUNOOFIO
V.
NUNOOFIO

(1987) JELR 63598 (HC)    
High Court  ·  31 Jul 1987 ·  Ghana
 · 
Other Citations
[1989-90] 2 GLR 683
CORAM
AMMAH J.
Core Terms Beta
plaintiff
defendant
damage
evidence
counsel
case
damages
learned trial magistrate
court
criminal case
personal effects
writ of summons
criminal trial
ollennu j.
parties
civil case
district magistrate
judicial officer
repair work
things
trial court
trial magistrate
ammah j.
civil procedure
civil trial
damaged roofing sheets
defendant-appellant
defendant’s counterclaim
district court
favour of the plaintiff-respondent
further hearing
judgment of the district magistrate grade
next hearing date
plaintiff’s claim
plaintiff’s personal effects
present civil case
probable result of the act
rain water
rainy season
record of proceedings
roofing of his room
rule of law
said judgment
similar case
strict adherence
sufficient justification
support of his evidence
tarzan international transport
weight of the evidence
writing chair

AMMAH J.: This is an appeal by the defendant-appellant (hereinafter referred to as the defendant) from the judgment of the district magistrate grade I sitting at Lartebiokorshie, Accra. The district magistrate gave judgment in favour of the plaintiff-respondent (hereinafter referred to as the plaintiff) for ¢8,000 damages and costs of ¢5,000. The defendant being aggrieved by the said judgment has appealed to this court on a number of grounds set out in the notice of appeal as follows:

(1) The judgment is against the weight of the evidence adduced before the court.

(2) The learned trial magistrate erred in law when she held that the defendant negligently caused damage to the plaintiff’s personal effects as there is no evidence in support of that conclusion.

(3) The learned trial magistrate erred in law when she failed to give any consideration to the defendant’s counterclaim thus resulting in a miscarriage of justice.

At the hearing, leave was granted to counsel for the defendant to argue …

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