BERTHA KWARTENG V. ORANS LIFE COMPANY LIMITED

JUDGMENT

ASIEDU, JSC:

[1]        INTRODUCTION:

My lords, this is an appeal against a judgment of the Court of Appeal, Kumasi, dated the 23 November, 2023. In the said judgment, the Court of Appeal reversed a judgment of the trial High Court which had been delivered in favour of the Defendant.

In this judgment, the parties shall retain their respective designations as from the trial High Court. That is, the Defendant/Respondent/Appellant shall herein be referred to as the Defendant, and the Plaintiff/Appellant/Respondent shall be referred to as the Plaintiff.

[2]        GROUNDS OF APPEAL:

The grounds of appeal formulated in the Notice of Appeal filed on the 18 December, 2018, are that:

a.      The judgment is against the weight of evidence.

b.      The Court of Appeal erred when it relied on documents termed as EXHIBITS “A” and “B” in arriving at their decision/judgment when same did not form part of the Record of Appeal.

c.       The Court of Appeal further erred in its assessment of the gener…