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KWAKU ADJEI V. GOLDEN AGE COMPANY AND ERIC KWASI YEBOAH OF SUNYANI

(2021) JELR 108984 (CA)

Court of Appeal  •  H1/41/2020  •  25 Mar 2021  •  Ghana

Coram
A. M. DOMAKYAAREH (MRS) J. A. PRESIDING, A. B. POKU-ACHEAMPONG, J. A., S. K. A. ASIEDU, J. A.

Appearances
YAHAYA SEIDU FOR PLAINTIFF /APPELLANT. KWAME TWUMASI-AWUAH FOR DEFENDANTS /RESPONDENTS

Judgement

JUDGMENT

POKU-ACHEAMPONG, J.A.

This appeal is against a ruling of the High Court, Sunyani dated 18th January 2018.  The grounds of appeal in the Notice of Appeal filed on 6/2/18 are as follows:  

a. The Learned Trial Judge did not exercise his discretion judicially. 

b. The ruling of the court was against the weight of affidavit evidence.

c. Having raised the issue of fraud, the Trial Judge was wrong in Law when he  determined the suit summarily. 

d. The Learned Trial Judge failed to consider adequately the issue or matter before the  Honourable Court. 

e. The ruling was tainted with procedural irregularities which said irregularities have  resulted in substantial miscarriage of justice as same goes to the root of the case/suit.

f. The Learned Trial Judge’s vision of the whole case was totally blurred and no wonder  therefore he arrived at a wrong conclusion. 

g. Additional grounds of appeal shall be filed upon the receipt of the certified true copy  of the ruling. 

Facts/background 

The Plain…

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