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ANGELA CARSON V. PHYTO-RIKER

(2017) JELR 92072 (CA)

Court of Appeal  •  CIVIL APPEAL NO.H1/99/2011  •  11 May 2017  •  Ghana

Coram
MARFUL-SAU, JA (PRESIDING), IRENE CHARITY LARBI, JA, TANKO- AMADU, JA

Appearances
EMMANUEL AMOFA FOR THE DEFENDANT/APPELLANT/ CROSS-RESPONDENT. SIKA AGGREY FOR THE PLAINTIFF/ RESPONDENT/CROSS-APPELLANT.

Judgement

J U D G M E N T


MARFUL-SAU, JA :- This appeal is taken against the judgment of the High Court, Accra dated the 26th November 2009. In the judgment, the trial court granted part of plaintiff/respondent's claims and also granted in part the defendant/appellant's counterclaim. The defendant/appellant filed and argued several grounds of appeal, including an additional ground, against the judgment of the trial court. The plaintiff/respondent also filed a cross-appeal against the judgment of the trial court for refusing some of her claims and also allowing in part the counterclaim of the defendant/appellant.

 I observed that contrary to Rule 15 of the Court of Appeal Rules, CI 19, which clearly provides that it shall not be necessary for a respondent to give notice by way of cross-appeal, but shall give notice contending that the judgment be varied with grounds thereof, counsel for plaintiff/respondent did file a cross appeal with three grounds and argued same in his written submission. Even …

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