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ODILIA EZUAH V. AHMED WASIK SANGARI

(2009) JELR 66555 (CA)

Court of Appeal  •  SUIT NO: CA13/2002  •  12 Mar 2009  •  Ghana

Coram
R K APALOO J A [PRESIDING], MARIAMA OWUSU J A, K A ACQUAYE J A

Appearances
MR. KWABENA OWUSU FOR DEFENDANT/APPELLANT

Judgement

MARIAMA OWUSU J A

On the 16-12-99, the High Court, Accra, gave judgment for the Plaintiffs against the defendant. The court held that

"In my sound mind, the plaintiff has proved her claims endorsed on her writ of summons issued on the 18-9-85. Accordingly, the plaintiff is to recover possession of the land designated Plot No. 21 North Ridge Residential Area, Accra.

Again this court cancels the sublease dated 28-2-1978 made between the plaintiffs and defendant herein.

Cost of ¢1,500,000.00 for the plaintiffs against the defendant."

Dissatisfied with the decision of the court, the Defendant/Appellant has appealed to this court.

The Grounds of Appeal are as follows;

a. That the judgment is against the weight of evidence adduced at the trial.

b. That the learned trial judge erred in not finding that the plaintiffs having failed to adduce any evidence in satisfaction of the requirements under section 29 of NRCD 175, the whole action should fail.

c. That the learned trial judge erred in not find…

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