[2016]DLCA8161 • April 14, 2016 • Court of Appeal
ALHAJI MAMUDU SALLEY & ANOR. vs. RASHAD PEREGRINO BRIMAH, HAJIA LAOLA, ALHAJI WAHABI G. PEREGRINO BRIMAH, MUSTAPHA I. PEREGRINO BRIMAH, HAJIA B. AMIDA PEREGRINO AND RASHID BRIMAH
MARIAMA OWUSU, J.A.: On the 29th day of January, 2015, the High Court, Accra dismissed the plaintiffs’ claims. The 6th defendant’s counterclaim was also dismissed. Cost of GH¢10,000.00 was awarded against the plaintiffs in favour of the 1st to 5th defendants. No cost was awarded against the 6th defendant. Dissatisfied with the decision of the High Court, the plaintiffs appealed to the court of Appeal on the following grounds: a. That the judgment is against the weight of the evidence on record. b. That the learned trial Judge erred in holding that the plaintiffs failed to prove their claim of ownership of the land in dispute and further erred in holding that the land did not belong to Amidu Butcher. c. That the learned trial Judge erred in holding that the plaintiffs were caught by laches and acquiescence. d. Further grounds of appeal would be filed upon receipt of the record of appeal. Before dealing with the arguments canvassed in support and against this appeal, I wil...