[2019]DLCA7732 • November 28, 2019 • Court of Appeal
NII TETTEH OPREMREH II AND NII ADAM SORSEY (PLAINTIFFS/RESPONDENTS) vs. KOMEXA LTD., LANDS COMMISSION, OMARI COMPUTERS SYSTEM LTD., NII KPOBI TETTEH TSURU II (SUBSTITUTED BY: NII SOWAH AKO ODOI AND EBENEZER NII MENSAH AKOGYERAM (DECD) (SUBSTITUTED BY: NII SOWAH AKO ODOI & NII MENSAH NYEKPEA-ENEHU (APPELLANTS/DEFENDANTS)
TANKO AMADU J.A (1) The 2nd Defendant/Appellant (hereinafter referred to as the “Appellant”) dissatisfied with an aspect of the judgment of the High Court (Land Division) dated the 22nd day of February, 2017, filed a Notice of Appeal on 12th April, 2017 against a part of the said Judgment. The Notice of Appeal aforesaid can be found on pages 627 through to page 629 of the Record of Appeal. Even though the Notice of Appeal does not state specifically which part(s) of the Judgment the Appellant is appealing against, we are guided in that respect by the grounds of appeal as set out in the said notice. (2) In the said notice of appeal, the Appellant has set out the following grounds: “(i) The Judgment is against the weight of evidence. (ii) The Learned Trial Judge erred when he failed, refused or neglected to consider the pleadings of 2nd Defendant/ Appellant prior to concluding that 4th and 5th Defendants/ Respondents compensation claim was not de...