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ALHAJI MADI NASAMU V. ALHAJI MORO AND OTHERS

(2010) JELR 64512 (CA)

Court of Appeal  •  SUIT NO. H1/24/2010  •  26 Nov 2010  •  Ghana

Coram
MARIAMA OWUSU (MISS) J.A. [PRESIDING], F.G. KORBIEH J.A., IRENE C. DANQUAH [MISS] J.A.

Appearances
BEN ABDALLA ESQ. FOR PLAINTIFF/RESPONDENT/APPELLANT; JOHN A. AKPARIBO FOR DEFENDANT/APPLICANT/RESPONDENT.

Judgement

MARIAMA OWUSU J.A.:

On the 3-11-06, the district Court, Mamponteng, in a land suit entered judgment for the Plaintiff against the Defendants. The Court held as follows:-

“From the above therefore I am satisfied that the Plaintiff has proved his case and is entitled to judgment.

Accordingly I enter judgment for Plaintiff for declaration of title to the plot in dispute albeit in the name of his son, Abubakari Madi.

The Plaintiff is also awarded cost of ¢2million”.

Dissatisfied with the decision of the District Court, the 2nd Defendant appealed to the High Court, Kumasi. On the 9-7-09, the High Court, Kumasi upheld the appeal except the Additional Ground (a) and entered judgment for the 2nd Defendant/Appellant in respect of his counterclaim. The Court awarded cost of GH¢1,500 for the 2nd Defendant/Appellant against the Plaintiff/Respondent.

Aggrieved with the judgment of the High Court, the Plaintiff/Respondent appealed to this Court. The Grounds of Appeal are:

(a) The High Court Judge erred …

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