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OPANYIN YAW DONKOR V. MERCY AMPAH AND CONSTANCE AMPAH

(2014) JELR 68839 (CA)

Court of Appeal  •  CIVIL APPEAL: H1/222/2011  •  20 Feb 2014  •  Ghana

Coram
JUSTICE HENRIETTA ABBAN JA [PRESIDING], JUSTICE K. A. ACQUAYE and JUSTICE M WELBOURNE JA

Judgement

JUDGEMENT

MARGARET WELBOURNE, J.A.

This is an appeal from the decision of the High Court delivered on 14th December, 2009.

THE GROUNDS OF APPEAL

On 9th February, 2010, the plaintiff/respondent/appellant filed an appeal against the judgment of the High Court dated 14th December, 2009.

RELIEF SOUGHT

The whole of the Judgment of the High Court judge dated 14th December, 2009, and the costs of GH¢2,000.00 awarded against the plaintiff/respondents /applicant be set aside.

GROUNDS OF APPEAL

i) The learned High Court judge erred in law when, as an appellate judge, he substituted a case proprio motu for the Co-Defendants/Appellants when the Co-Defendants/Appellants had themselves sworn to an affidavit in the District Magistrate Court to the effect that the matter before the District Magistrate court was a landlord and tenant matter and that they had instituted a title suit in the High Court to determine ownership of the property.

PARTICULARS OF ERROR OF LAW

a) Holding that there was no landlord-tenant …

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