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EBENEZER AFFLAH SACKEY V. ISAAC TETTEH

(2019) JELR 68038 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/80/2018  •  14 Feb 2019  •  Ghana

Coram
C. J. HONYENUGA JA (PRESIDING), AVRIL LOVELACE-JOHNSON JA, N.C.A. AGBEVOR JA

Appearances
MR. HUMPHERY MODZAKA FOR DEFENDANT/APPELLANT,MS. MELISSA AMARTEIFIO FOR PLAINTIFF/RESPONDENT

Judgement

JUDGMENT

HONYENUGA, JA

On the 31st day of January 2017, the High Court, Land Division, Accra entered judgment for the plaintiff on his claim and dismissed the counter claim of the defendant.

Aggrieved by the decision of the High Court, the defendant/appellant filed an appeal on the 15th February 2017 based on the sole omnibus ground which was subsequently amended on the 11th June 2018 as follows:-

“a. The judgment is against the weight of evidence adduced at the trial.

Grounds (2) – (6) Added By Leave Granted on 11th June, 2018 as follows:-

b. The trial court erred when it failed to hold that the gift of the disputed land by the Nungua Stool to the plaintiff was illegal.

c. The trial court erred when it held that the registered indenture of Mallam Musa was invalid, leading to miscourage of justice (sic).

d. The trial court erred when it failed to hold that the plaintiff’s action is statute barred.

e. The trial court erred when it failed to declare that the plaintiff’s Power of Attorney dated 1…

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