ASAFO ASAMOAH-MONO V. M & K (GHANA) LTD. & BAMFOE
(2021) JELR 112241 (CA)
Court of Appeal
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H1/26/2021
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29 Apr 2021
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Ghana
Coram
LAWRENCE L. MENSAH, J. A. (PRESIDING)
ERIC K. BAFFOUR, J.A.
NOVISI ARYENE (MRS), J.A
Appearances
Plaintiff/Appellant absent and represented by Peter Kwasi Addae
2nd Defendant/Respondent absent
Christian Teye Azu for Plaintiff/Appellant present
Farouk Wumpini for 2nd Defendant/Respondent present
Judgement
<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong>Baffour J.A:</strong></p><p style="text-align: justify"><strong><u>INTRODUCTION</u></strong></p><p style="text-align: justify">This appeal raises substantial points of law in so far as documents that were rejected by the trial court as inadmissible, the same Judge makes a volte face and relies on the documents that were rejected to ground her decision in the final judgment of the court. Besides, there is also the fascinating issue of leave granted to a party to file amended statement of defence, which said pleading could not have contained documents and yet documents attached to a witness statement, which was sighted by the other parties for the first time during trial, such documents became the basis of anchoring a decision by a Judge. The appropriateness of such decisions are before the court for determination.</p><p style="text-align: justify"><strong><u>FACTS</u></strong></p><p style="text-align: justify">Plaintiff/Appellant (hereinafter called “the Appellant”) claiming to be the owner of a piece of land measuring 0.18 acre at the South Liberia Road, issued a writ at the High Court against the Defendants/Respondents (hereinafter called “the Respondents”) claiming th…</p>