[2012]DLCA8652 • November 8, 2012 • Court of Appeal
NII ODOI FREMPONG vs. BOYE CHARWAY, FEEHI CHARWAY AND SOWAH CHARWAY
MARIAMA OWUSU, J.A.: This is an appeal against the judgment of the High Court, Accra dated 30-7-2009, upholding plaintiff’s claim. The court held among other things as follows: “1. I will therefore accept the plaintiff’s claim and enter judgment for the plaintiff. It is Ordered that Exhibit A, the written agreement is valid and so the defendants have no interest in the land in dispute. 2. The plaintiff shall take possession of the land. 3. The defendants are restrained from dealing with land in any manner. 4. I award GH¢2,000.00 as general damages against the defendants jointly and severally. 5. I award cost of GH¢1,500.00 against the defendants jointly and severally.” Dissatisfied with the decision of the High Court, the defendants appealed to this court on the following grounds: i. His Lordship the Judge erred in deciding that counsel for the defendants did not file an address when in fact an address was filed by counsel for and on behalf of the defendants on 29-4...