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MRS. EVA COFIE V. NOAH BORKETEY AND 6 OTHERS AND OKLE KITO & 11 ORS

(2014) JELR 64272 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/100/12  •  22 May 2014  •  Ghana

Coram
ABBAN (MRS.) JA (PRESIDING), ACQUAYE JA, DZAMEFE JA

Appearances
ALBERT ADANE FOR PLAINTIFF/APPELLANT ,JOEL ANNOR-AFARI FOR THE DEFENDANTS/RESPONDENTS

Judgement

DZAMEFE, JA

This is an appeal by the plaintiff against the judgment of the High Court, Accra, dated 20th February, 2009 in favour of the defendant. The plaintiff dissatisfied with the said judgment filed this appeal on the following grounds;-

1. The learned trial judge erred in treating the plaintiff’s claims in both suits as if they were claims for declaration of title to land when the plaintiff was indeed and in fact claiming for proper administration of her late father’s estate.

2. The learned trial judge committed an error when he ignored the testimony of a Nungua traditional elder regarding the actual Nungua Custom and preferred a statement of the custom by an English man

3. The learned trial judge misinterpreted the statement of the statement of Nungua Custom by learned author Gordon R. Woodman.

4. The judgment is against the weight of the evidence on record

5. Further and additional grounds of appeal will be filed upon receipt of the record of appeal.

The parties in this instant appea…

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