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EFFIDUASE STOOL V. MPONUA STOOL

(2018) JELR 68259 (CA)

Court of Appeal  •  CIVIL SUIT NO.H1/70/2018  •  31 Oct 2018  •  Ghana

Coram
M. OWUSU (J.A.) – PRESIDING, KWOFIE (J.A.), GAISIE (J.A.)

Judgement

MARIAMA OWUSU, J.A.:

This is an appeal against the judgment of the High Court, Kumasi dated 29th March, 2017. In the said decision, the court entered judgment for the plaintiff Stool on all the reliefs endorsed on its writ of summons. It also awarded GH¢40,000.00 general damages in favour of the plaintiff against defendant and Gh¢10,000.00 cost in favour of the plaintiff against defendant.

Dissatisfied with the decision of the trial Judge, the defendant appealed on the following grounds:

i. The judgment of the court below was against the weight of evidence.

ii. The weight of evidence did not support the conclusion of the court below decreeing the reliefs sought by the plaintiff/respondent in its favour. The failure of the court below to properly, dispassionately, fairly and validly evaluate the evidence before it occasioned the defendant/appellant substantial miscarriage of justice amounting a denial of justice.

iii. The judgment is very subversive of the ancient well-established constitut…

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