[2016]DLCA4833 • February 29, 2016 • Court of Appeal
GREGORY AGANA AMOAH vs. STEPHANY ABOKZELE
The Plaintiff, Stephany Abokzele, purchased four plots of land using her funds, evidenced by a bank cheque issued in her name. The Defendant, Gregory Agana Amoah, her spouse, did not contribute financially to the acquisition but fraudulently registered the title deeds in his name. The parties were married but their relationship had deteriorated by the time of the suit. The Plaintiff claimed ownership and sought reliefs accordingly, while the Defendant counterclaimed ownership based on alleged joint ownership through a joint business account.
read moreADJEI, J.A: On 31st July, 2012, the High Court Bolgatanga gave judgment in favour of the Plaintiff/Respondent herein against the Defendant/Appellant for all the reliefs endorsed on the Plaintiff’s writ of summons. The Court dismissed the Defendant/Appellant’s counterclaim for failing to prove it. The relief (b) endorsed on the writ of summons was the same as relief (a) on the Defendant’s counterclaim. The Defendant/Appellant dissatisfied with the judgment of the trial High Court filed a Notice of Appeal against same to this Court on 28th September, 2012. There was only one ground of appeal on the notice of appeal and that was the omnibus clause,that the judgment is against the weight of evidence on record. The Defendant/Appellant applied for leave to amend his notice of Appeal and same was granted on 24th July, 2013. On 5th August 2013 the Defendant/Appellant filed his amended Notice of Appeal. One more ground of appeal was added to the omnibus ground. The grounds of appe...