Customer Support

TOP KINGS ENTERPRISE LTD
V.
ADRAIN NII ODOI ODDOYE AND LETICIA NAAMI ODDOYE

(2022) JELR 109916 (CA)

Court of Appeal 10 Mar 2022 Ghana
BriefBot icon

BriefBot Summary

Free

- The court discusses whether the appellant properly filed a notice of appeal and whether the respondent properly identified the land in dispute. - The court finds that the appellant did not properly file the notice of appeal as required by

Case Details

Suit Number:H1/136/2021
Judges:SENYO DZAMEFE JA PRESIDING, P. BRIGHT MENSAH JA, JENNIFER DODOO JA
Counsel:RALPH POKU ADUSEI WITH CHARLOTTE MENSAH FOR 2 DEFENDANT/APPELLANT MIRACLE ATTACHIE FOR PLAINITFF/RESPONDENT JUSTICE TSAKPOE FOR 3 DEFENDANT/RESPONDENT

BRIGHT MENSAH JA:

My Lords, two (2) important issues arise in the instant appeal for our active consideration.  The first is whether the 2 defendant being aggrieved with the judgment of the High Court [Land Division], Accra delivered 27/04/2018, took the necessary legal steps to appeal against the judgment to have the adverse decision overturned in his favour on appeal.  The second is the consequence of 3 defendant’s failure of, or default in filing written submissions in compliance with rule 20(1) of the Court of Appeal Rules [CI 19] after filing his notice of appeal.  Is it the case that the 3 defendant did not want to pursue his appeal or has abandoned it? These introductory remarks are against the backdrop of two purported notices of appeal on the docket; one from the 2 defendant and the other filed by the 3 defendant.  Significantly, the appeal by the 2 defendant has been called into question on the ground that it is not properly filed thus, this court cannot pronounce on it for l…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.