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KWAME ESUON WIREDU KOOMSON V. M & G PHARMACEUTICALS

(2022) JELR 110483 (CA)

Court of Appeal  •  H1/149/2021  •  24 Feb 2022  •  Ghana

Coram
MARGARET WELBOURNE JA AMMA GAISIE JA P. BRIGHT MENSAH JA

Appearances
NANA AMA PANYIN AMOAH FOR HE DEFENDANT/APPELLANT YAW ODDEI OSEI WITH KELLY S. KWAKYE & NAA SHIKA T. TORTO FOR THE PLAINTIFF/RESPONDENT

Judgement

JUDGMENT

BRIGHT MENSAH JA:

The instant appeal has been launched against the judgment of the High Court [Land Division], Accra delivered 22/05/2018 in favour of the plaintiffs/respondents herein.  Being dissatisfied with the decision, the defendant/appellant herein has filed an appeal urging this court to overturn the judgment. Per the notice of appeal filed in this court, the defendant/appellant complains that:

1. The learned trial judge erred by holding that the plaintiffs have capacity to bring their action.

2. The learned trial judge erred by failing to make a determination on the triable issue of whether or not Rosemond Mark Hansen was a head of the Sarah Addo Family.

3. The learned trial judge erred by granting the plaintiffs reliefs not sought by them per amended writ of summons.

4. The learned trial judge erred by holding that the plaintiffs’ action was not statute barred.

5. The learned trial judge erred by dismissing the defendant’s counter-claim and ordering a cancellation of its l…

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