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OWUSU V. TABIRI AND ANOTHER

(1987) JELR 68713 (HC)

High Court  •  23 Jun 1987  •  Ghana

Coram
MENSAH J.

Judgement

MENSAH J.: This is an appeal against the decision or ruling of the District Court, Grade II, Dormaa-Ahenkro. Originally the plaintiff appellant (hereafter referred to as the plaintiff) filed a writ before the said trial court claiming, inter alia, a piece of land from the defendants respondents (hereafter referred to as the defendants). However before the substantive claim could be heard, the defendant filed a motion alleging that the matter has been decided at an arbitration and therefore the plaintiff was estopped from instituting the aforesaid suit against them. The trial court heard evidence about the alleged arbitration and gave its ruling, holding that there has been valid arbitration and dismissed the substantive suit. It is this ruling which the plaintiff, being aggrieved, has appealed against.

Counsel for the plaintiff filed two main supplementary grounds of appeal and limited himself to the said two supplementary grounds of appeal, namely:

(a) The trial magistrate failed to di…

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