EMMANUEL KWAME NYARKO vs. NANA YAW SINTIM & ORS

TORKORNOO, JSC (Sitting in the Court of Appeal) Every appeal is a rehearing by operation of Rule 8 (1) of the Court of Appeal Rules 1997 CI 19 which reads: 8. Notice and grounds of appeal (1) An appeal to the Court shall be by way or rehearing and shall be brought by a notice of appeal. As rightly pointed out by both counsels, an appeal is a rehearing of the matters in issue, and In cases such as Tuakwa v. Bosom 2001-2002 SCGLR 61; Sarkodie v. FKA Co 2009 SCGLR 65, Fosua & Adu-Poku v. Dufie (Decd) & Adu-Poku Mensah 2009 SCGLR 310, the Supreme Court has clarified that the appellate court is enjoined to review the entire case presented and make its own independent determination on the basis of the record of proceedings. As a function of rehearing therefore, I will set out the full history of suits between the parties to this appeal because they form the salient backdrop to the contentions on appeal. FIRST CASE - BFA 4/08 The Appellant commenced Suit No BFA 4/08 as Plaintiff ...