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(2021) JELR 107922 (SC)

Supreme Court 31 Mar 2021 Ghana
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- The Supreme Court (majority) held that, under Rule 76 of the Supreme Court Rules (C.I 16), both appellants and respondents may be granted leave to adduce fresh evidence on appeal, provided it is in the interests of justice, especially whe

Case Details

Suit Number:J8/37/2021
Judges:YEBOAH, CJ (PRESIDING) OWUSU (MS.), JSC HONYENUGA, JSC AMADU, JSC KULENDI, JSC
Counsel:AKOTO AMPAW FOR THE APPLICANT/RESPONDENT/RESPONDENT/APPLICANT ACE ANKOMAH FOR THE 1ST RESPONDENT/APPELLANTAPPELLANT/RESPONDENT.

RULING

DECISION OF THE COURT BY MAJORITY

KULENDI, JSC

This Court on 30th July, 2020, by a unanimous decision, granted the 1st Respondent leave to adduce fresh evidence on Appeal. 

The brief facts of this case are that the 1st Respondent is the grantee of the 2nd Respondent. The Applicant issued a writ of summons against the Respondents for, among other reliefs, a declaration of title to land, an order for recovery of possession and special damages for trespass and unlawful possession. The 2nd Respondent in its Defence admitted that it had granted a lease to the 1st Respondent in good faith in the belief that the land, the subject matter of the dispute, formed a part of the larger area vested in the Government of Ghana by reason of Stool Lands (Efutu and Gomoa Ajumako Instrument, 1961 (E.1 206). The 2nd Respondent further stated that upon critical examination of available records, it had come to the realization that the land in dispute is not state-vested land as same falls outside the sub…

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