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OPANIN KWASI ASAMOAH V. KWADWO APPEAH AND NANA OWUSU SENYA

(2003) JELR 68314 (SC)

Supreme Court  •  CIVIL APPEAL NO. 8/2000  •  17 Dec 2003  •  Ghana

Coram
BAMFORD-ADDO (MRS) J.S.C. (PRESIDING), KPEGAH J.S.C., ATUGUBA J.S.C., WOOD (MRS) J.S.C., BROBBEY J.S.C.

Judgement

JUDGMENT

BAMFORD-ADDO, J.S.C.

This is an appeal against the judgment of the Court of Appeal dated 4 November 1997 which heard an appeal from the High Court's decision dated 4 November 1992. The Judgment of the Court of Appeal admittedly was unfortunately very short. It merely stated:

"By court: having heard the submission of counsel for the parties, and having read the record and considered the evidence, we are hereby satisfied that the learned trial judge arrived at the right conclusion. We find no merit in the appeal. In our opinion the appeal ought to be dismissed. It is dismissed."

I think that if submissions had been made before the Court of Appeal as confirmed in the record of appeal at page 181, then it was the duty of the Court of Appeal to have discussed and considered the issues raised and to have given a considered opinion on those points, itself; rather than to simply rely on the decisions and findings made by the trial High Court, however correct and unimpeachable they may b…

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