ANNA VICTORIA BART PLANGE VRS. NANA EGYEI FOAH
(2011) JELR 92196 (SC)
Supreme Court
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CIVIL APPEAL SUIT NO. J4/40/10
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23 Feb 2011
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Ghana
Coram
ATUGUBA, JSC (PRESIDING)
AKUFFO (MS), JSC
ANIN-YEBOAH, JSC
GBADEGBE, JSC
AKOTO-BAMFO (MRS), JSC
Appearances
MAXWELL HALM REPRESENTS THE APPELLANT.
HANRY WILLIAM KOBINA RESPONDENT PRESENT.
JOHN MERCER (WITH COSMOS ANDOH) FOR THE APPELLANT.
MICHAEL ARTHUR-DADZIE FOR RESPONDENT.
Judgement
<p class="ql-align-center"><strong><span style="background-color: transparent">J U D G M E N T</span></strong></p><p><strong><span style="background-color: transparent">GBADEGBE JSC:</span></strong><span style="background-color: transparent"> </span></p><p><span style="background-color: transparent">This is an appeal from the decision of the Court of Appeal that affirmed the decision of the High Court, Cape Coast in an action that turned on the ownership of a piece or parcel of land situate at Momofra Akyenim in the Central Region. It appears from the judgment of the Court of Appeal that the leaned judges accepted the determination of the trial High court. Delivering the judgment of the court, Piesare JA (as he then was) said by way of a comment on the appeal before them as follows:</span></p><p><span style="background-color: transparent">“</span><em><span style="background-color: transparent">At the end of the day, the trial judge gave a straightforward and comprehensive judgment dismissing the plaintiff-appellant’s claim, and entered judgment in favour of the defendant on his counterclaim. We have carefully examined the judgment, and we have no good reason to disturb that judgment.”</span></em></p><p><span style="background-color: transparent">In our view the facts that led to the issue of the writ of summons herein in the trial court were as said by the learned judge of the Court of Appeal whose pronouncement has just be…</span></p>