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ANTHONY ARTHUR (SUING ON HIS BEHALF AND ON BEHALF OF THE ESTATE OF FRANCIS KINGSLEY ARTHUR-DECEASED) V. MMA ASOLE ADOKO, EMMANUEL MOSES, PAPA ZUWALE & SISTER FATI

(2025) JELR 114737 (CA)

Court of Appeal  •  CIVIL APPEAL NO.: H1/43/2022  •  17 Dec 2025  •  Ghana

Coram
S. ROSETTA BERNASKO ESSAH (MRS.), JCA (PRESIDING) FRANCIS OBIRI (MR.), JCA YAA ONYAMEYE GYAKOBO (MRS.), JCA

Appearances
PAMELA ARVOH-MENSAH FOR PLAINTIFF/APPELLANT

Judgement

J U D G M E N T

SOPHIA R. BERNASKO ESSAH (MRS) JA: This is an appeal lodged by the Plaintiff/Appellant (hereinafter referred to as the Plaintiff)  against the judgment of the Circuit Court, Takoradi, which was in favour of the  Defendants/Respondents (herein after referred to as Respondents). The grounds of appeal as  endorsed on the notice of appeal are as follows: 

  1. That the judgment is against the weight of evidence; 

  2. That the learned trial judge erred in holding that the Plaintiff’s action is statute-barred; 

  3. That the learned trial judge failed adequately, or at all, to consider the case of the  Plaintiff/Appellant. 

Although the Appellant indicated an intention to file additional grounds of appeal upon  receipt of the certified true copy of the record of proceedings, no such additional grounds  were in fact filed. 

The facts giving rise to the instant appeal, as gleaned from the record, may be summarised  as follows. 

Background Facts 

On 6th August, 2019, the Plaintiffs, namely Gloria Ar…

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