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OWURAKU MENSAH AND 5 OTHERS V. JAMES TABI-NYARKO & ANOR.

(2009) JELR 68727 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/221/07  •  13 Feb 2009  •  Ghana

Coram
ARYEETEY J.A. (PRESIDING), KANYOKE J.A., ADUAMA OSEI J.A.

Judgement

KANYOKE, J.A.

This appeal emanated from the judgment of the Circuit Court, Accra, then presided over by His Honour Mr. Anthony Oppong (as he then was). By the judgment the defendant/respondent was adjugdged the purchaser and therefore owner of House No. 29, Kaneshie, Accra by virtue of a purported sale of same to him by the family of one Madam Afiyoe Buer (deceased) the original owner of the house.

Dissatisfied with the judgment the plaintiffs/appellants mounted this appeal in this court on the following grounds:

“(a) That the judgment is against the weight of evidence,

(b) That the trial court failed to consider PNDCL 111 in its entirety,

(c) That the trial judge equated dependency in the law of succession with age,

(d) That the trial judge failed to analyse the evidence of plaintiffs and their witnesses in its entirety and thus failed to appreciate the case of the plaintiffs and thus just accepted the evidence of defendant and co-defendant as gospel truths,

(e) That the cost awarded i…

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