KWABENA OFORI ODURO, MARY ODURO AND AGNES ODURO V. ISAAC KWASI OWUSU

JUDGMENT

AKAMBA, JSC

On 23^rd December 2014, this court determined two of the grounds of appeal, namely grounds (a) and (d) filed for determination of this appeal. The two grounds alleged that the Court of Appeal had failed to resolve completely all the matters raised in the appeal by its failure to order a retrial after acknowledging that parts of the evidence of the Defendant/Appellant (hereinafter simply referred to as Appellant) were not recorded by the trial judge. We granted the two reliefs in favour of the Appellant and directed, pursuant to rule 23 (3) of CI 16, that the High Court, Accra should re-hear the concluding part of the Appellant’s evidence in chief and the cross examination as well as re-examination thereon, if any, and transmit the outcome to this court for final determination of this appeal. The order having been duly complied with and the record of appeal now complete, we proceed to deliver on the remaining grounds of appeal in this judgment.

BRIEF FACTS

In retrospect…