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OPANYIN KOFI KUM
V.
EBUSUPANYIN MICHAEL AHENAKWA MENSAH

(2023) JELR 112425 (CA)

Court of Appeal 23 Nov 2023 Ghana
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- Plaintiff/Respondent, successor to the Ebireayem Ebiradze Family of Atwima Elmina, sued for a declaration that a 1967 fifty-year lease to Madaka Industries (later assigned to Defendant/Appellant’s ancestor) had expired, seeking recovery o

Case Details

Suit Number:H1/86/2022
Judges:ANTHONY OPPONG JA (PRESIDING) JEROME NOBLE NKRUMAH JA AFIA SERWAH ASARE-BOTWE (MRS.) JA
Counsel:DANIEL ARTHUR FOR DEFENDANT/APPELLANT. GODFRED ACHEAMPONG FOR PLANTIFF/RESPONDENT.
Location:Accra

JUDGMENT

AFIA SERWAH ASARE-BOTWE (MRS.) JA

This is an appeal from the Judgment of the High Court, Cape Coast, presided over by Her Ladyship Justice Malike Awo Woanyah Dey (Mrs) J, dated the 16th day of December, 2021. 

In this Judgment, the parties may, where the context so admits, be referred to as the “Plaintiff/Respondent”, or “Respondent” “Defendant/Appellant” or “Appellant” with the necessary qualifications or modifications.

The Notice of Appeal was filed on the 11th of February, 2022 on the following grounds;

  1. That the Judgment was against the weight of evidence adduced by the parties before the trial Court.

  2. That further grounds will be filed upon receipt of the record of appeal.

On the record, no process, by way of additional grounds of appeal, was filed by the Appellant. 

THE BACKGROUND OF THE CASE/THE PLAINTIFF/RESPONDENT’S CLAIM:

Before proceeding to deal with the necessary procedural and substantive issues in this matter, it would be prudent to set out the background of the action be…

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