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MRS MARGARET WINFUL V. MUSTAPHA DAUDA

(2022) JELR 112290 (CA)

Court of Appeal  •  H1/189/2021  •  3 Feb 2022  •  Ghana

Coram
Barbara F. Ackah-Yensu, JA (PRESIDING) Amma A. Gaisie, JA Eric K. Baffour, JA

Appearances
William Fynn Otoo representing Plaintiff/Appellant present. Defendant/Respondent absent. Frederick Asamoah for Defendant/Respondent present.

Judgement
<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong><u>BAFFOUR J.A.</u></strong></p><p style="text-align: justify"><strong><u>Introduction</u></strong></p><p style="text-align: justify">This is a deceptively simple case but has placed the court in a considerable state of uncertainty. This is due to how poorly the case was fought at the court below with the respective cases of the parties not having adequately been advanced by the lawyers who had a sacred duty to represent their clients to the best of their legal abilities. As the court is unable to manufacture evidence to bolster the floundering claims of a party in the absence of evidence adduced at trial, our duty is to dispense justice in accordance with law and evidence adduced and nothing more. We can only remonstrate when the necessary evidence that should have been adduced is not done more so when trial is treated in a desultory or perfunctory manner by parties and their lawyers.</p><p style="text-align: justify"><strong><u>The Case of Plaintiff/Appellant </u></strong></p><p style="text-align: justify">By a further amended writ issued pursuant to leave granted by the High Court, the Plaintiff/Appellant sought five reliefs against the Defendant/Respondent being declaratio…</p>

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