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MISWA CHEMICALS GHANA V. EMMANUEL BORKETEY APLERH

(2019) JELR 69887 (CA)

Court of Appeal  •  SUIT NO: H1/09/19  •  21 Feb 2019  •  Ghana

Coram
C. J. HONYENUGA JA (PRESIDING), C. H. SOWAH (MRS.) JA, A. A. GAISIE (MRS) JA

Appearances
BABA AVIO FOR PLAITNIFF/APPELLANT,MR. PROSPER NYAHE FOR DEFENDANT/RESPONDENT

Judgement

HONYENUGA, JA: On the 1st day of August 2014, the High Court, Fast Track Division, Accra, dismissed the plaintiff’s action and awarded cost of GH¢15,000.00 to the defendant.

Dissatisfied with the decision of the High Court, the plaintiff filed an appeal to this court on the 31st day of August, 2014 based on the following grounds:-

“1. The judgment is against the weight of evidence.

2. The trial judge erred in law by failing to apply the provisions of Land Registry Act, 1962 (Act 122) to the effect that the registration of the land in dispute by plaintiff’s grantor constituted notice to defendants who are thereby estopped challenging plaintiff’s registered interest.

3. The trial judge erred in law by misinterpreting the judgment of the Supreme Court in the case of REPUBLIC v. COMMITTEE OF INQUIRY INTO NUNGUA TRADITIONAL AFFAIRS, which in fact set aside the Mankralo of Nungua as a signatory of Nungua lands; the result of the error is that the trial judge wrongly held Exhibit 2 to be a vali…

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