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S.D.T.M C. I
V.
ROCKSON K. NSIAH CO. LTD. & ANOR

(2024) JELR 112487 (CA)

Court of Appeal 15 Jan 2024 Ghana
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- This is an interlocutory appeal by the Defendants/Appellants against a ruling in favor of the Plaintiff/Respondent. - The grounds of appeal include the burden of proof on the Defendants/Appellants to prove the capacity of the Plaintiff/Ap

Case Details

Suit Number:CIVIL APPEAL NO: H1/145/2023
Judges:GEORGINA MENSAH-DATSA (MRS), J.A. ERIC BAAH, J.A PATRICK KWAMINA BAIDEN, J.A
Counsel:PRINCE OTENG AGYEI ESQ. FOR THE PLAINTIFF/RESPONDENT. K BOYE ATENG ESQ. FOR THE DEFENDANTS/APPELLANTS.

JUDGMENT

MENSAH-DATSA, JA.: This is an interlocutory appeal by the Defendants/Appellants (hereinafter referred to as Appellants) against the ruling of the High Court, Kumasi dated 2 December, 2021 in favour of the Plaintiff/Respondent (hereinafter referred to as Respondent).

The grounds of appeal are stated on page 126 of the Record of Appeal as follows:

  1. The High Court Judge erred when she held that the Defendants/Appellants bore the burden to prove capacity of the Plaintiff/Appellant.

  2. The High Court Judge erred when she took a letter allegedly given by the Plaintiff/Appellant to Mr. Nader Dib to represent the Plaintiff Company as a Power of Attorney.

The relief sought is to set aside the Ruling of the High Court and an order granting the Defendants leave to amend their Defence pending the determination of the suit.

The Plaintiff/Respondent per its Lawful Attorney instituted this action jointly and severally against the Defendants/Appellants and sought the following reliefs:

a. Order for pla…

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