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OBAAPANYIN ADJOA NYARKOA
V.
KWABENA DARKO AND 3 OTHERS

(2017) JELR 69606 (CA)

Court of Appeal 12 Jul 2017 Ghana
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- This is an appeal from a judgment of the Circuit Court, Nsawam, which dismissed the case of the Plaintiff/Appellant on the grounds that she lacked the capacity required to bring an action for declaration of title to, and recovery of posse

Case Details

Suit Number:CIVIL APPEAL: NO: H1/24/2016
Judges:ADJEI J.A. (PRESIDING), SOWAH J.A., MENSAH J.A.
Counsel:STEPHEN OKPOTI MENSAH FOR PLAINTIFF/APPELLANT ,NO REPRESENTATION FOR DEFENDANTS/RESPONDENTS

SOWAH, J.A.

This is an appeal from the judgment of the Circuit Court, Nsawam, dated 11th May 2015. By that judgment, the trial Circuit Court dismissed the case of the Plaintiff/Appellant on the grounds that she lacked the capacity required to bring an action for declaration of title to, and recovery of possession of the “family land” which was the subject of the Suit.

The notice of appeal which is dated 1st June 2015 has the following grounds of appeal:

1. The judgment is against the weight of the evidence;
2. The trial judge erred in not considering the case of the Plaintiff at all;
3. Additional grounds of appeal will be filed upon receipt of the record of proceedings.

It is also noted for the record that no other grounds of appeal were filed as had been intimated in the Notice of appeal.

Also, on the 6th January 2017, the appellant filed written submissions [wrongly titled ‘Statement of Case’] arguing the two grounds of appeal. However, the record does not show that the defendants/respond…

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