YEMOKAI LARYEA
V.
ERNESTINA SERWAH SIAW

(2017) JELR 63704 (CA)    
Court of Appeal  ·  CIVIL SUIT NO: H1/67/2016 ·  1 Jun 2017 ·  Ghana
CORAM
M. OWUSU (J.A.) – PRESIDING, WELBOURNE (J.A.), SOWAH (J.A.)
Core Terms Beta
defendant
plaintiff
counsel
trial judge
pieces of evidence
evidence act
building permit
sufficient evidence
credible evidence
elizabeth larteley larkai
house no.
weight of evidence
last will
parties’ mother
case of the plaintiff
court of appeal
high court
pepper-corn rent
said property
ample evidence
brief background of the case
building permit no. j95
case of the defendant
commercial agreement
decision of the court
defendant’s counterclaim
disputed land
disputed premises
dw2 tender
evidence of the fact of ownership
following grounds
gift of a house
given case
judgment of the trial court
late mother
latter charged plaintiff rent
legal burden
original copy
paragraph statement of claim
pieces of evidence defendant
plaintiff’s property
produce evidence
production of exhibits d
property no. b15
property of elizabeth larteley larkai
respect of other portions of the testatrix building
strict proof of her averments
testamentary wishes of the deceased testator
testimonies of the witnesses

MARIAMA OWUSU, J.A.:

On 9th May, 2014, the High Court, Accra gave judgment for the plaintiff declaring title in property No. B15/17, Otanten, Accra in her favour. The court then dismissed the defendant’s counterclaim as not proved and accordingly granted an injunction against the defendant, her agents, privies and assigns from dealing in any manner with the said property.

Dissatisfied with the decision of the Court, the defendant filed an appeal before the Court of Appeal on the following grounds:

1. The judgment is not supported by the weight of evidence adduced on record.

2. Other grounds may be filed upon receipt of the record.

The relief sought from the Court of Appeal is to set aside the judgment of the trial court and enter judgment for the defendant.

At this stage, let me put it on record that the defendant did not file any additional ground of appeal.

Before dealing with the arguments advanced in support and against this appeal, I will give a brief background of the case.

The parties …

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