[2015]DLCA8289May 27, 2015Court of Appeal

COMFORT DARKO vs. JULIANA DARKO

SOWAH, J.A: This is an appeal from the judgment of the Circuit Court Koforidua dated 18th January 2013 in which the claims of the plaintiff were dismissed and judgment was entered for the defendant. Aggrieved by this judgment, the plaintiff/appellant who will hereafter be called the plaintiff seeks to set aside the judgment of the trial court and has filed the following grounds of appeal: a. That the judgment is against the weight of evidence. b. That the trial Judge erred in law by holding that the defendant in her amended statement of defence had abandoned her counterclaim when she had in fact not done so, thereby putting the burden of proof solely on the plaintiff and that had resulted in a miscarriage of justice. c. That the trial Judge erred in law by failing to dismiss the defendant’s counterclaim when no probative evidence was led to establish same and that has resulted in a miscarriage of justice. d. That the trial Judge was wrong in holding that the oral arrangemen.....