[2008]DLCA6998 • May 29, 2008 • Court of Appeal
EFFA AHENKORAH vs. KWESI ELUEKE AMIHERE
The Respondent (Plaintiff) claimed ownership and possession of a parcel of land at Frafraha, Accra, alleging that the Appellant (Defendant) trespassed and destroyed foundations he had begun constructing. The Respondent filed suit seeking declaration of title, damages for trespass, recovery of possession, and perpetual injunction. The Appellant disputed ownership and raised procedural and substantive defenses.
read moreABBAN [MRS], J.A. This is an appeal from the Circuit Court “B” Accra. The judgment of the court was delivered on 8/12/04, and it went against the Defendant (hereinafter referred to as the Appellant). Being dissatisfied, the Appellant filed a Notice of Appeal on the 24th January 2005 together with his ground of Appeal. The original ground of appeal was that: (1) “The judgment is not warranted by law.” (2) Further grounds shall be lodged when a copy of the judgment is obtained from the Circuit Court Registry.” On the 18/2/05, the Appellant filed seven (7) additional grounds of appeal namely: 1. The trial judge erred when he failed to attach any weight to the defence of the defendant since the defence raised a legal issue as to whether or not the defendant was the right person to be sued. 2. The trial judge erred by not giving the defendant the opportunity to defend the suit and this constitutes denial of justice. 3. The absence of the defendant makes the judgmen...