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NII ODOI KWAO ASUMANG & 2 ORS V. WILLIAM SOWA CHARWAY & 14 ORS

(2014) JELR 110474 (CA)

Court of Appeal  •  H1/69/13  •  13 Mar 2014  •  Ghana

Coram
KUSI-APPIAH, JA (PRESIDING) OFOE, JA DZAMEFE, JA

Appearances
MR. KWESI AUSTIN FOR THE PLAINTIFFS/APPELLANTS PRINCE FREDERICK ASHIE NEEQUAYE FOR THE1ST, 2ND, 6TH, 7TH, 8TH, 12TH, & 14TH DEFENDANTS/RESPONDENTS

Judgement

JUDGMENT 

DZAMEFE, JA

This is an appeal from the judgment of the High Court Accra, Land Division Accra, dated 14th November 2011. The plaintiff/appellants hereinafter referred to as the appellants dissatisfied with the judgment in favour for the defendant/respondents, hereinafter referred to as the respondents filed this appeal on the following grounds;-

1. The learned trial judge erred in dismissing plaintiff/appellant’s motion to re-list the suit intituled Nii Odi Kwao Asumang and Others v. William Sowa Charway and Others (Suit No. BL 563/2008).

2. The learned trial judge erred in refusing to exercise his discretion in favour of the plaintiffs/appellants.

3. Further grounds of appeal shall be filed upon receipt of the record of appeal.

Facts

The brief facts culminating into this appeal are that the appellants on 23rd July 2008 issued a writ of summons in the High Court against the respondents for the following claims;-

1. A recall of their certificates and cancellation of same

2. An order di…

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