EMMANUEL NII TACKIE V. J.B MENSAH & 2 ORS

JUDGMENT

MRS. ABBAN, JA

This is an appeal from the Circuit Court Accra. The judgment which was delivered on 17th May 2003 went against the 2nd and 3rd Defendant (hereinafter referred to as the appellants) and being aggrieved they have appealed against it to this court.

Their original grounds of appeal were two namely:

(a) That the judgment of his honour the Circuit Court judge cannot be supported by the weight of the evidence offered by the defendants.

(b) That the trial judge failed to consider the conflicting evidence of the Plaintiff/Respondent and his witness.

On the 11th October 2005 the Appellants filed 5 additional grounds of appeal namely:

1. The trial judge erred in failing to consider the fact that the evidence of the Plaintiff/Respondent that one Emelia Nettey signed Exhibit “A” as witness to the signature of the late Isabella Woode is not borne out by the contents of the said Exhibit “A.”

2. The trial judge again failed to consider the fact that one Mrs. Dora Boye who swore to the…