[2013]DLCA9354May 13, 2013Court of Appeal

YAW OWUSU vs. BUILDAF CO. LTD, NGELA ATTIPOE AND ADVANCE VENTURES LTD

HENRY A. KWOFIE (JA): This present appeal has been launched by the defendants/Appellants against the judgment of High Court (Financial Division) delivered on the 14th October 2016. The High Court in that judgment entered judgment in favour of the plaintiff for the reliefs endorsed on his Writ of Summons. Dissatisfied with the said judgment, the 1st and 2nd defendants launched an appeal on the 1st November 2016 on the following grounds: a) The learned trial judge erred in law when she relied on the decision of Ofoe J (as he then was) in the suit entitled 1) Dede Kesenu Yohunu 2) Atta Kesenu Yohunu Vs. Annie Kumah Agbeti & 3others Suit No. AL133/2006 when that decision had been reversed by the Court of Appeal in Civil Appeal No. H1/50/10 dated 15th May 2014 b) The learned trial judge erred in law when in the face of various grants by the plaintiff’s grantor, she stated that it was rather incumbent on the defendants who did not have any counterclai.....