DORIS NAADU NARTEY (PLAINTIFF/RESPONDENT) vs. CHRISTIAN KUM (DEFENDANT/APPELLANTS)

OWUSU-ANSAH, J.A. The crucial issue for determination in this appeal is whether or not the learned High Court Judges Ruling is "a wrong exercise of discretion in law”, that is apparently the main, indeed the only, ground of appeal in this case. The Plaintiff filed a Writ of Summons on the 18/8/1999 claiming a number of reliefs, supported by a statement of claim to which the Defendant filed a defence emphatically denying the Plaintiff’s claim and asserting that the property in dispute was gifted to her mother by the deceased prior to the execution of the Will hereafter, the case suffered a checkered career until eventually it came before Abada J, after it had been adjourned sine die by another judge. It was then part heard when the learned High Court judge became unavailable to continue with the hearing. The next learned judge, in the fullness of his wisdom decided to hear the case de novo rather than adopt the existing evidence which he was not obliged to do, any way, althoug...