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MERCY FIAGBEDU V. RICHISON NONOKUADZI & 2 ORS

(2023) JELR 112127 (HC)

High Court  •  E12/11/2022  •  17 May 2023  •  Ghana

Coram
CHARITY ASEM (MRS), J

Appearances
SENANU AFAGBE FOR PLAINTIFF/RESPONDENT EMIL ATSU AGBAKPE FOR DEFENDANTS/APPELANTS

Judgement
<p class="ql-align-center"><strong><u><span style="background-color: transparent">JUDGMENT</span></u></strong></p><p><span style="background-color: transparent">This is an appeal from the decision of the District Court Anloga; entered on the 25/10/2019 as appears on page 142-153 of the record of appeal.</span></p><p><span style="background-color: transparent">In the Notice of Appeal filed on 2-12-19 and additional grounds filed with leave of the court on the 24/11/2012 the defendants/appellants has attacked the judgement of the District Court on the following grounds.</span></p><p><span style="background-color: transparent">1) The Trial Magistrate erred in law by relying on extraneous practice.</span></p><p><span style="background-color: transparent">2) The Trial Magistrate did not consider the principle of estoppel by leaches and conduct.</span></p><p><span style="background-color: transparent">Additional ground 1 being the omnibus ground;</span></p><p><span style="background-color: transparent">i) That the judgment is against the weight of evidence on record.</span></p><p><span style="background-color: transparent">When the appeal was put before this court for hearing, the directive for written submissions were made.</span></p><p><span style="background-color: transparent">Before going further to discuss the merits of this appeal, it is just and appropriate to chronicle the facts of this case leading to the instant appeal.</span></p><p><span style="background-color: transparent">The plaintiff/respondent who I will now refer as plaintiff sued the defendants/appellants also to be referred …</span></p>

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