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ROSE AMELE SAKA
V.
AKUTEY AZU AND KORYOO AZU

(2018) JELR 67114 (CA)

Court of Appeal 26 Jul 2018 Ghana
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- This is an appeal against a judgment of the High Court that dismissed the plaintiff's claims and entered judgment in favor of the defendants on their counter-claim. - The grounds of appeal include arguments that the judgment is against th

Case Details

Suit Number:SUIT NO. H1/99/2018
Judges:MARIAMA OWUSU J.A (PRESIDING), DENNIS ADJEI J.A, HENRY KWOFIE J.A
Counsel:GEORGE ADDO YOBO FOR DEFENDANTS/RESPONDENTS ,GODFRED ACHEAMPONG FOR PLAINTIFF/APPELLANT

HENRY KWOFIE J.A:

The present appeal has been launched by the Plaintiff/Appellant against the judgment of the High Court Accra delivered on 17th May 2016. The trial High Court in that judgment dismissed the Plaintiff’s claims and entered judgment in favour of the Defendants/Respondents on their counter-claim. The notice of appeal dated 21st June, 2016 is at pages 236-237 of the record. The grounds of appeal set out in the Notice of Appeal were:

a) The appeal (sic) is against the weight of evidence led.

b) That the trial Court took a simplistic view of the evidence in respect of the acquisition of the property and thus erred

c) The Court erred when it ruled that the Plaintiff/Appellant’s deceased father acquiesced in his right when he was dead at the time of the acts complained of.

d) The trial Judge erred when he failed to analyse the Will that Defendants/Respondents tendered to see whether the Testator had the capacity to make those Wills.

e) The trial Court erred when it granted the coun…

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