ABRAHAM ANANE ADJEI V. ALHAJI MASAUD ABUBAKAR & AKANNI LOGISTICS LTD

JUDGMENT

AFIA SERWAH ASARE-BOTWE (MRS.) JA

This is an appeal from the Judgment of the High Court, Land Division, Accra, dated the 2nd of November, 2022.

The Notice of Appeal (at page 80 Vol. 3 of the Record of Appeal (ROA) was filed on the 8th of December, 2022 on the following grounds;

i. The Learned Judge erred in law in finding fraud against the Plaintiff in respect of evidence tendered by the Plaintiff. 

Particulars of Error of Law

(a) The Learned Judge erred in ignoring the legal effect of failure of the 2nd Defendant to plead and particularize fraud.

(b) The Learned Judge erred in his application of the law relating to burden of proof of fraud.

ii. The Learned Judge erred in failing to make a finding of fraud in respect of the evidence tendered by the 2nd Defendant. 

iii. The Learned Judge erred in construing that the Plaintiff did not lead the requisite evidence to establish that the 1st Defendant had committed fraud.

iv. The Learned Judge erred in construing that the failure of the Plai…