REV. STEPHEN K. O. CHEMEL
V.
KWEKU SARFO

(2018) JELR 108695 (HC)    
High Court  ·  SUIT NO. APL/3/14 ·  10 Dec 2018 ·  Ghana
CORAM
K. A. GYIMAH
Core Terms Beta
defendant
plaintiff
court
counsel
order
judgment
appeal
formal decree
c. i.
district court
rule
24th july
additional ground of appeal
honourable court
judgment of the court
grounds of appeal
interlocutory appeal
present appeal
said application
execution processes of the district court
favour of the plaintiff
high court
justmoh construction co. ltd.
part of the judgment of the court
refusal of the district court
said decision
service of the order
trial judge
amasaman district court
amasaman magistrate court
attorney general
binding authority of supreme court decisions
civil procedure
delivery of the document
ex parte numo adjei kwanko
final judgment of the district court
following terms
main questions
none of the parties
notice of appeal
order of 1st february
said ruling
substantive judgment of the court
substituted service
supreme court decision

J U D G M E N T 

Introduction 

This is an appeal from a ruling of Her Worship Emelia K. Abruquah (Mrs.) sitting at  the Amasaman Magistrate Court delivered on 10th December 2013. A summary of the  facts that led to the said ruling is provided below. 

Summary of Facts 

The plaintiff/respondent (plaintiff) instituted an action against the defendant/ appellant (defendant) at the Amasaman District Court claiming certain reliefs including  declaration of title and recovery of possession. Judgment was delivered on 24th July 2012 by Her Worship Mrs. Abena Oppong Adjin-Doku. Although she held that none of the parties had been able to prove title over the land in dispute, she further held that the plaintiff was the one in possession of the property and she therefore awarded  damages of Five Hundred cedis in favour of the plaintiff. The defendant’s late  application for leave to appeal was refused.

The plaintiff therefore set into motion the execution processes of the district court by  applying …

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