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DR. KOJO APPIAH KUBI V. KOFI OWUSU & ANOR

(2024) JELR 112449 (CA)

Court of Appeal  •  CIVIL APPEAL NO.: H1/040/2024  •  18 Apr 2024  •  Ghana

Coram
GEORGINA MENSAH-DATSA (MRS), J.A. ALEX OWUSU-OFORI, J.A SAMUEL OBENG-DIAWUO, J.A

Appearances
KWAME ANTWI AFRIYIE ESQ. FOR THE PLAINTIFF/RESPONDENT. HAGAR ADDO FOR THE 2 DEFENDANT/ APPELLANT.

Judgement
<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong><u>MENSAH-DATSA, JA.: </u></strong>This is an appeal by the 2 Defendant/Appellant (hereinafter referred to as Appellant) against the judgment of the High Court, Kumasi dated 5 March, 2020 in favour of the Plaintiff/Respondent (hereinafter referred to as Respondent).</p><p style="text-align: justify">The grounds of appeal are stated at page 414 (Vol. 3) of the Record of Appeal as follows:</p><p style="text-align: justify">(a)  That the learned trial judge erred when he held that the plaintiff had proved a case of resulting trust.</p><p style="text-align: justify">(b)  That the learned trial judge erred in law when he relied on a letter which was said to have been written by a deceased person without corroboration to prove that the plaintiff financed the construction of the disputed property. That the judgment is against the weight of evidence.</p><p style="text-align: justify">(c)  Additional grounds of Appeal to be filed upon the receipt of the Record of Appeal.</p><p style="text-align: justify">No additional grounds of appeal were filed.</p><p style="text-align: justify">The relief sought from the Court of Appeal is to set aside the entire judgment entered in favour of the Plaintiff and to replace…</p>

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