MARIAMA OWUSU, J.A:
On 21-1-2011, the High Court, Land Division, Accra, dismissed defendant/appellant’s [hereinafter refer to as defendant] counterclaim as not proved. The Court then entered judgment in favour of the plaintiff/respondent [hereinafter refer to as plaintiff] for all the reliefs claimed on the writ.
Dissatisfied with the decision of the trial court, the defendant appealed to the Court of Appeal on the following grounds:
1. The judgment is against the weight of evidence.
2. Further grounds will be filed on receipt of the record of appeal.
Relief Sought From This Court
That the judgment be set aside and judgment entered for the defendant.
Before dealing with the arguments advanced in support and against this appeal, I would like to give a brief background of the case.
The plaintiff by his writ of summons claims the following reliefs:
[i] A Declaration that as per the Will of Madam Amarkai dated 4-5-1972, House Number C 267/3, Asylum Down was devised to the plaintiff.