[2021]DLHC11624 • December 20, 2021 • High Court
CECILIA TOFFEY vs. JOHN ACQUAH
This is an appeal by Defendant/Appellant (hereinafter referred to as the Defendant) against the judgement of the District Court, Half Assini dated the 2nd June, 2017. In the said judgement the trial court ordered as follows: I. That the Plaintiff to be in continuance possession of the farm which is the subject matter of the suit. II. That the Plaintiff uses two-thirds of the proceeds from the said farm within the period to defray her cost assessed. III. That one-third is to be shared equally amongst the siblings. The Appellant dissatisfied with the decision of the District Magistrate lodged this present appeal. The Appellant’s Notice of Appeal which is found at page 36 of the Record of Appeal embodied two (2) grounds of appeal namely: a. the Judgment was against the weight of evidence on record. b. the learned judge failed to make the proper findings of fact from the evidence The Appellant however added an additional ground of appeal and argued on same. The additional ground.....