[2011]DLSC2547 • February 23, 2011 • Supreme Court
ANNA VICTORIA BART PLANGE vs. NANA EGYEI FOAH
GBADEGBE JSC: This is an appeal from the decision of the Court of Appeal that affirmed the decision of the High Court, Cape Coast in an action that turned on the ownership of a piece or parcel of land situate at Momofra Akyenim in the Central Region. It appears from the judgment of the Court of Appeal that the leaned judges accepted the determination of the trial High court. Delivering the judgment of the court, Piesare JA (as he then was) said by way of a comment on the appeal before them as follows: “At the end of the day, the trial judge gave a straightforward and comprehensive judgment dismissing the plaintiff-appellant’s claim, and entered judgment in favour of the defendant on his counterclaim. We have carefully examined the judgment, and we have no good reason to disturb that judgment.” In our view the facts that led to the issue of the writ of summons herein in the trial court were as said by the learned judge of the Court of Appeal whose pronouncement has just been q...