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KORKOR MENSAH V. ROBERT TETTEY MENSAH AND JOHN TETTEY ASHIBOYE

(2018) JELR 68894 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/38/2018  •  12 Dec 2018  •  Ghana

Coram
ADINYIRA (MRS) JSC (PRESIDING), AKOTO-BAMFO (MRS) JSC, BENIN JSC, APPAU JSC, PWAMANG JSC

Judgement

AKOTO-BAMFO (MRS), JSC:-

On the 15TH of June 2017, the Court of appeal dismissed an appeal filed by the defendant/appellant/appellant herein against the decision of the High Court entered in favour of the plaintiffs / respondents / respondents. The High Court granted all the reliefs prayed for by the plaintiff/respondent/respondent.

In dismissing the appeal, the Court of Appeal delivered itself thus:

“From the foregoing, the trial Judge properly evaluated the evidence on record and came to the right conclusion. Ground (a) also fails and it is hereby dismissed.

The entire appeal lacks merit and it is accordingly dismissed. The judgment of the

High Court together with the consequential orders are hereby affirmed.”

The appellants registered their protest against the decision by launching an attack against same premised on these grounds:

GROUNDS OF APPEAL

The judgment is against the weight of evidence

The Court of Appeal erred when it held that after the sharing of Nii Annan Nkpa’s land amongst th…

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