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OKONTI BORLEY AND OKONTI BORTEY V. HAUSBAUER LIMITED

(2021) JELR 107030 (SC)

Supreme Court  •  J4/48/2013  •  10 Mar 2021  •  Ghana

Coram
BAFFOE-BONNIE JSC (PRESIDING), APPAU JSC, DORDZIE (MRS.) JSC, HONYENUGA JSC, AMADU JSC

Judgement

JUDGMENT

AMADU JSC

In the High Court Accra, the Plaintiffs/Respondents/Appellants (hereinafter referred to as ‘Appellants’) obtained judgment against the Defendant/Appellant/Respondent (hereinafter referred to as ‘Respondent’) for all the reliefs endorsed in their statement of claim. The Trial Judge further ordered that the registration of the subject matter in dispute by the Land Title Registry in the name of the Respondent herein be expunged from the records. On appeal to the Court of Appeal, the judgment of the High Court was wholly reversed. It is the judgment of the Court of Appeal which is the subject matter of the instant appeal.

The question for our decision in this appeal therefore is which of the two lower courts came to the right conclusion on the evidence placed before them in the matter. This is because whereas the Learned Trial Judge accepted the case of the Appellants on the strength of the evidence before him, the Learned Justices of the Court of Appeal unanimously upon a…

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