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PETER OSEI ASSIBEY
V.
LANDS COMMISSION

(2019) JELR 67563 (CA)

Court of Appeal 27 Feb 2019 Ghana
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- The High Court in Kumasi dismissed a suit brought by the plaintiff, who then appealed, arguing that the judgment was against the weight of the evidence and that the trial judge made several errors, including ruling that the court had no j

Case Details

Suit Number:SUIT NO: H1/69/2018
Judges:M. OWUSU (J.A.) – Presiding, DZAMEFE (J.A.), WELBOURNE (J.A.)
Counsel:MR. LAWRENCE ASUMADU-SAKYI FOR THE PLAINTIFF/APPELLANT,IRENE ATOBRA FOR THE DEFENDANT/RESPONDENT

JUDGMENT

MARIAMA OWUSU, J.A.:

On 23rd October, 2017, the High Court, Kumasi, dismissed the plaintiff’s suit. The court held among others as follows:

“In conclusion, from the examination of Exhibit ‘LC3’, I am of the view that the plaintiff is estopped by bringing this action since the issues have been resolved by the Court of Appeal. The court therefore had no jurisdiction to pronounce on the merits of the case.

I therefore proceed to dismiss the entire suit. No order as to cost.”

Dissatisfied with the decision of the trial court, the plaintiff mounted this appeal on the following grounds:

1. The judgment is against the weight of the evidence.

2. Additional grounds of appeal will be filed on receipt of the record of proceedings.

The reliefs sought from the Court of Appeal

An order setting aside the judgment of the High Court, Kumasi and entering judgment for the plaintiff/appellant.

On 13th April, 2018, the plaintiff/appellant filed seven (7) additional grounds of appeal. They are:

1. The learne…

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