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KPALIGA KWASI KUMASSAH & ANOR. V. ROBERT KPRZUXE & ANOR

(2018) JELR 64945 (CA)

Court of Appeal  •  SUIT NO.: H1/05/17  •  28 Feb 2018  •  Ghana

Coram
ACQUAYE J.A (PRESIDING), GYAN J.A, MRS. M. AGYEMANG J.A

Judgement

JUDGMENT

SAEED K. GYAN, J.A:

This is the second successive appeal in this case by the Defendants/Appellants herein. The Defendants first appealed against the judgment of the District Court, Anloga, to the High Court, Denu. Having found no favour with the High Court they decided to have another bite at the appeal cherry by their instant action.

The judgment of the Denu High Court from which the instant appeal derives was delivered by Alex Owusu-Ofori, J on 21st October 2015. The Notice of Appeal was filed on 18/01/2016.

The previous appeal filed against the Denu District Court, which the Defendants lost, had two grounds of appeal, namely:

1. The Judgment is against the weight of the evidence adduced.

2. The trial magistrate erroneously applied the legal principles of estoppel, laches and acquiesance in the case”.

In the instant appeal, the Defendants filed only one ground of appeal with the traditional indication that further grounds would be filed upon the receipt of the record of appeal.

The…

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