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EMMANUEL RAY QUARCOO V. REV. GURU JANAKANDA AMANKWAH

(2018) JELR 68827 (CA)

Court of Appeal  •  CIVIL APPEAL NO.H1/167/17  •  25 Jan 2018  •  Ghana

Coram
MARIAMA OWUSU J.A. (PRESIDING), E.K. AYEBI J.A., SUURBAAREH J.A.

Judgement

SUURBAAREH, J.A.

This is an appeal against the judgment of the High Court, Land Division Accra dated 29th April 2016 in which judgment was entered in favour of the plaintiff/respondent, hereinafter called Respondent, for a declaration of title, recovery of possession and an order of perpetual injunction and damages in respect of a piece of land at Oshiyie. Following the judgment, the defendant/appellant, who would be referred to simply as Appellant, applied to have same set aside upon an application on notice alleging that he was not heard as his counsel failed to bring the numerous hearing notices to his attention.

The court however refused his prayer to set aside the judgment on 29th June 2016 and upon which he lodged the present appeal to this court against both the judgment and the ruling refusing to set it aside.

Per his notice of appeal dated 18th July 2016, the Appellant’s grounds of appeal are the following:-

“a. The Trial Judge erred in visiting the sins of defendant/ appellant’…

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