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IN THE MATTER OF THE REPUBLIC V. DISTRICT TRIBUNAL (GA MANTSE PALACE) KANESHIE EX PARTE: AKWASI BEKOE AND IN THE MATTER OF AKWASI BEKOE (APPLICANT/APPELANT) V. KWAMI TETTEH

(2006) JELR 66208 (CA)

Court of Appeal  •  H1/52/2004  •  9 Jun 2006  •  Ghana

Coram
ASIAMAH JSC, AKAMBA J.A, ANIN YEBOAH J.A

Appearances
SAMMY ADDO FOR APPLICANT/APPELLANT ,MR G.Y. TSAHEY FOR RESPONDENT/RESPONDENT

Judgement
<p>ANIN YEBOAH</p><p>The respondent herein issued a writ of summons against the Appellant herein for a liquidated sum of ¢1,357,600.00 before the District Court Grade 1, 28th February Road, Accra. The writ was filed on 18-02-93 and was accompanied by an affidavit of the respondent as the writ was placed on the undefended list.</p><p>The respondent&#x27;s summons was met with a statement of defence and counter-claim. The counterclaim claimed ¢2,500,000.00 general damages for trespass. The appellant later in course of the proceedings filed a motion to amend his statement of defence. It is not clear from the record that the motion was moved by the appellant or his counsel. In the ruling of the Tribunal dated the 16/04/1999 it was made clear that the motion was not moved. The ruling of 16/04/1999 was as a result of an objection by counsel for the respondent herein against the admission of evidence which learned counsel for the appellant was of the view that it had a foundation from the amendment of the stateme…</p>

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