YAA DUFIE
V.
AKUA ADDAI & ANOTHER

(2019) JELR 63910 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO.: H1/49/2018 ·  29 Jul 2019 ·  Ghana
CORAM
OWUSU J.A. (PRESIDING), DZAMEFE J.A., WELBOURNE J.A.
Core Terms Beta
defendant
plaintiffs
counsel
atonsu agogo
plot no.
property
trial judge
cross-examination
forewin ghana limited
kwaku nantwi abebreseh
kwasi kankam
block d
akosua addai
sg-ssb bank
block a
disputed property
cross-examination of pw1
respective wills
new agogo
trial court judge
case of the defendant
court of appeal
high court
identity of the plot
proof of their case
respect of their share of house no. plot
sufficient evidence
15-paragraph statement of claim
construction of the dwelling house
deceased person
decision of the high court
elders of the family of the late kwasi abebreseh
evidence act
following grounds
import of exhibit
late kwasi abrebreseh
light of this caution
part of exhibit a
plaintiffs’ writ
property of the family of the plaintiffs
purported devices of portion of the said property
respect of the said property
state of suspicion
weight of the evidence
wills of both kwasi abebreseh
writ of summons claim

MARIAMA OWUSU, J.A.: On 15th December, 2016, the High Court, Kumasi gave judgment for the plaintiffs against the defendant. In his judgment the trial court Judge held among other things as follows:

“In conclusion, the plaintiffs have satisfied me on the balance of probabilities and I do hereby enter judgment for the plaintiffs and grant all the declaratory reliefs sought by them as per the endorsement on the writ of summons.

I award costs of Gh¢6,000.00 against the defendant.”

Dissatisfied with the decision of the High Court, the defendant appealed to the Court of Appeal on the following grounds:

a. That the judgment was against the weight of the evidence.

b. The trial court Judge erred when he held that the plaintiffs have led sufficient evidence in proof of their case when indeed they failed to satisfy the burden of proof required of them as plaintiffs.

c. The trial court Judge erred and mixed up the identity of the plot in dispute when he held that Plot 7 Block D, Atonsu Agogo and Plot …

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