ERIC APPIAH vs NANA OBIRI BOAHEN AND MR ANSU

JUDGMENT HENRY KWOFIE JA: This is an appeal against the ruling of the High Court, Sunyani dated 12th June 2017. In that ruling, the trial judge dismissed the 1st defendant’s motion for the appointment of a surveyor and called on the 1st defendant to open his defence. Dissatisfied with the said ruling the 1st defendant/appellant filed a Notice of appeal against the said ruling on 14th June 2017 on the following grounds: a) The learned trial judge failed to exercise the discretion judiciously b) The decision of the learned trial judge was against the weight of the affidavit evidence deposed to by the appellant and the respondent. c) Having regard to the pleadings, evidence on record and the fact that writ of possession in respect of the Civil suit Nana Obiri Boahen vs Elder Kyereh and others, Wenchi, the appointment of expert opinion (sic) was necessary within given situation d) Additional grounds of appeal shall be filed upon receipt of the certified true copy of the ruling. .....