[2012]DLCA3715 • March 30, 2012 • Court of Appeal
KOJO ASAMOAH & ANOR vs. ANGELA FRITZ
BY COURT: JUDGMENT: This is an Appeal against the decision of the Circuit Court, Kumasi. The Court held among other things that: “Since the 1st Defendant fraudulently sold the house and was able to accomplish his evil designs with the connivance or negligent participation of the 2nd Defendant and her husband, the 2nd Defendant’s cause of action should be against the 1st Defendant who should return the purchase price {with interest} and pay all damages by way of the expenditures made on the house. The innocent and diligent Plaintiff cannot be made to pay any compensation by way of damages for the said expenditure. Cost of GH¢300.00 is allowed against the 2nd Defendant and GH¢1,000.00 against the 1st Defendant.” Dissatisfied with the decision of the Circuit Court, the Defendants/Appellants appealed to this Court. The Grounds of Appeal are: 1. The Judgment was a complete nullity and or void on the compendium ground that, the trial Judge wrongfully and impermissibly assumed...