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ATTA ALHASSAN AND ANOTHER V. ADWOA SAAH AND ANOTHER

(2011) JELR 67470 (CA)

Court of Appeal  •  SUIT NO. H1/34/2010  •  25 Nov 2011  •  Ghana

Coram
MARIAMA OWUSU J.A. (PRESIDING), FRANCIS KORBIEH J.A., IRENE CHARITY DANQUAH J.A.

Judgement

MARIAMA OWUSU J.A.

On 26-6-2008, the circuit court, Kumasi gave judgment for the plaintiff and dismissed the counterclaim of the defendants and co-defendant. The court held amongst other things as follows;

“I am satisfied that the plaintiff has proved his case on the balance of probabilities and is entitled to judgment. I enter judgment for him accordingly. Defendants’ and the co-defendant counterclaim are dismissed as not proved.

Cost is assessed at GH¢1000 against each defendant and co-defendant".

Dissatisfied with the decision of the court, the appellants filed the instant appeal.

The Grounds of Appeal are as follows;

a. The judgment was against the weight of evidence on record.

b. Additional grounds of Appeal would be filed on receipt of the record of proceedings.

The relief sought from this court:

An order setting aside the judgment entered and costs awarded for the plaintiff and a further order entering judgment for the co-defendant on her counterclaim.

On 21-6-2010, pursuant to leave gra…

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