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OKOFO KOFI BUABIN III V. NANA KWESI KENIN III AND BARIMA ASSUMANG KWANTE II

(2016) JELR 69274 (CA)

Court of Appeal  •  CIVIL SUIT NO.HI/42/2015  •  23 Feb 2016  •  Ghana

Coram
HONYENUGA J.A. (PRESIDING), GYAN J.A., SUURBAAREH J.A

Appearances
MR. DANIEL ARTHUR FOR PLAINTIFF/APPELLANT,MR. SAMUEL AGBOTTAH FOR THE DEFENDANTS/RESPONDENTS.

Judgement

SAEED K. GYAN, J.A

This appeal emanates from the judgment of the High Court, Cape-Coast, and dated 13th March, 2013. Being dissatisfied with and aggrieved by the decision of the Trial High Court the Plaintiff mounted the instant appeal by a Notice of Appeal filed on 22nd March 2013. The Learned Trial judge had arrived at the conclusion that the Plaintiff had failed to adduce sufficient evidence in proof of his claims indorsed on his writ and had accordingly dismissed the Plaintiff’s action and rejected the reliefs sought by him.

The Plaintiff/Appellant filed three (3) original grounds of appeal with the customary notification to file further or additional grounds upon receipt of the record of proceedings.

The said grounds are as follows:-

(i) The judgment is against the weight of the evidence.

(ii) The Trial Judge misdirected himself when he found that the so-called arbitration was valid.

(iii) The cost warded cannot be justified.

The Plaintiff/Appellant complained against the whole decisio…

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