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YEMOKAI LARYEA V. ERNESTINA SERWAH SIAW

(2017) JELR 63704 (CA)

Court of Appeal  •  CIVIL SUIT NO: H1/67/2016  •  1 Jun 2017  •  Ghana

Coram
M. OWUSU (J.A.) – PRESIDING, WELBOURNE (J.A.), SOWAH (J.A.)

Judgement

MARIAMA OWUSU, J.A.:

On 9th May, 2014, the High Court, Accra gave judgment for the plaintiff declaring title in property No. B15/17, Otanten, Accra in her favour. The court then dismissed the defendant’s counterclaim as not proved and accordingly granted an injunction against the defendant, her agents, privies and assigns from dealing in any manner with the said property.

Dissatisfied with the decision of the Court, the defendant filed an appeal before the Court of Appeal on the following grounds:

1. The judgment is not supported by the weight of evidence adduced on record.

2. Other grounds may be filed upon receipt of the record.

The relief sought from the Court of Appeal is to set aside the judgment of the trial court and enter judgment for the defendant.

At this stage, let me put it on record that the defendant did not file any additional ground of appeal.

Before dealing with the arguments advanced in support and against this appeal, I will give a brief background of the case.

The parties …

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