OPANIN OSEI AKWASI V. KWADWO DWEMOH

JUDGMENT

KULENDI JSC

INTRODUCTION 

On Wednesday the 1st of March, 2023, this Court by a unanimous decision upheld the interlocutory appeal of the Defendant/Appellant/Appellant (hereinafter called “the Appellant”) and reserved our reasons which are as follows:

The said interlocutory appeal is against the concurrent decision of the Court of Appeal dated 27th May, 2021 whereby the Court of Appeal affirmed the ruling of the High Court, Kumasi dated 5th March, 2018.

BACKGROUND:

The ruling of the High Court, Kumasi of 5th March, 2018, upheld an objection to the admissibility of the evidence of the Appellant’s witness, DW1, on the ground that the testimony was hearsay and therefore inadmissible. The context of the testimony and objection is that the Plaintiff/Respondent/Respondent (hereinafter called the Respondent) instituted an action against the Appellant for and on behalf of his family seeking: a declaration that the land in dispute is family property which cannot be sold or gifted without the…