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AYIKU ASARE V. TETTEH TOTIMEH & PATRICK ADDO

(2004) JELR 67298 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 112/2002  •  30 Apr 2004  •  Ghana

Coram
OWUSU J.A. [PRESIDING], ADDO J.A., ANIN YEBOAH J.A

Appearances
AMOS BUERTEY FOR APPELLANT,WILLIAM KOBB-LUMOR FOR RESPONDENT

Judgement

ADDO, J.

This appeal bristles with difficulty in view of the fact that the parties herein are illiterates.

This is an appeal from the decision of Charlotte Manteaw Circuit Judge, Tema dated 27th July, 1993. The Appellant, dissatisfied with the decision of the court, has come suppliant to this Honourable court to ask us to set aside the judgment of the court below and to enter judgment for him. His sole ground of Appeal filed on 23-8-1993 was that the judgment is against the weight of evidence. On 21st June 2002 additional grounds of Appeal filed are the following:β€”

1. That the learmed judge erred in holding that the transaction between the Appellant and the 1st respondent being a sale of house has to conform with the provisions of the conveyancing Decree 1975 [NRCD 173] and that absence of writing evidencing the transaction was fatal to the appellant's case.

2. That the learned judge erred in holding that the Appellant's failure to call Kumedzino was fatal to the appellant's case.

3. Tha…

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