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ZOGLI AND ANOTHER
V.
GANYO

(1977) JELR 63549 (CA)

Court of Appeal 7 Dec 1977 Ghana
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- The original claim was brought by Daniel Kodzo Ganyo against the first appellant for £G100 or ¢200.00 in 1966. - The local court magistrate awarded Ganyo fifty guineas or ¢105.00 damages. - The appellants appealed to the circuit court,

Case Details

Judges:AMISSAH JA,JIAGGE JA,KINGSLEY-NYINAH JA
Counsel:AKAINYAH FOR THE APPELLANT,NO APPEARANCE BY OR FOR THE RESPONDENT
Other Citations:[1977]1 GLR 297

AMISSAH J.A.: The original claim of the respondent, Daniel Kodzo Ganyo, was for £G100 or ¢200.00. It was brought before the local court. That was in 1966. The local court magistrate after hearing the evidence gave judgment for the respondent and awarded him fifty guineas or ¢105.00 damages against the first appellant. The appellants appealed to the circuit court. That court, while dismissing their appeal as to the liability of the first appellant, altered the damages. In the view of Judge Apatu Plange, who dealt with the case, the issue between the parties having previously been disposed of by an arbitration, it was not open to the local court magistrate to award damages different from what had been awarded at the arbitration.

Accordingly, he reversed the order as to damages. The arbitration award, if it is accepted that there was an arbitration, was for ¢40.00, one live sheep, half a piece of calico and a bottle of schnapps. The judge’s order substituted this for the order of the loca…

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