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BERNARD TURKSON V. NANA KWADWO ADJEI

(2015) JELR 69618 (CA)

Court of Appeal  •  SUIT NO: H1/43/2014  •  22 Jan 2015  •  Ghana

Coram
OWUSU M. (PRESIDING), ACQUAYE J.A., DZAMEFE J.A.

Judgement

JUDGMENT

MARIAMA OWUSU, J.A:

On 13-6-2011, the High Court, Accra, gave judgment in favour of the plaintiff against defendant for the recovery of the sum of GH¢40,000 with interest from 1st January, 2008 till date of final payment.

Dissatisfied with the decision of the High Court, the defendant appealed to the Court of Appeal on the following grounds:

a. That the evidence on record cannot support the judgment of the trial High Court.

b. The trial High Court made a wrong finding of fact that the forty thousand Ghana cedis cheque issued by the plaintiff to the defendant was the financial assistance offered by the plaintiff to the defendant.

c. Additional grounds of appeal will be filed on receipt of the record of proceedings.

On 14-2-2014, the defendant filed additional ground of appeal pursuant to leave granted by this court. It reads as follows:

“That the trial High Court wrongly in law shifted the burden of proof from the plaintiff to the defendant and in consequence thereof, made conclusions…

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