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THE ESTATE OF JOSEPH K. NTRAKWA V. BOGOSO GOLD LIMITED

(2008) JELR 68439 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/16/2007  •  5 Mar 2008  •  Ghana

Coram
MRS. WOOD C.J. (PRESIDING), BROBBEY J.S.C., ANINAKWAH J.S.C., MRS. ADINYIRA J.S.C., ASIAMAH J.S.C.

Judgement

J U D G M E N T

ASIAMAH, J.S.C.:

In this appeal the appellant is seeking an order from this court reversing the judgment and assessment of damages of the Court of Appeal which upheld a ruling by a co-ordinate High Court to the effect that an earlier judgment of another High Court in the same jurisdictional locale was amenable to a review by another High Court Judge in view of the fact that the original judge had gone on transfer and therefore not available to take a review of the judgment.

The grounds of Appeal are three-fold:-

(1) The Court of Appeal erred in law in holding that the lack of service of Hearing Notice on Appellant after Summons for Directions was taken in the absence of the representative of the Appellant did not render the decision of the Trial Court null and void.

(2) The Court of Appeal erred in law in holding that the failure of the Trial High Court to assess damages did not nullify the award of damages made by the Trial Court.

(3) The Court of Appeal erred in not assess…

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