[2023]DLCA15146 • April 15, 2023 • Court of Appeal
LUMOR BORTEY BORQUAYE vs ALHAJI ABDUL AZIZ AND KWAME AYEW
BRIGHT MENSAH JA: The plaintiff/appellant herein has launched the instant appeal against the decision of High Court, [Land Division] Accra, delivered 13/02/2019 in favour of the defendants/respondents. Per a notice of appeal filed with this court on 21/03/2019, the plaintiff/appellant complains that: 1. The judgment is against the weight of evidence. 2. The entire judgment was ambiguous and failed to provide reasons for the conclusions arrived at. 3. The trial judge erred by not following the decisions of the superior courts which are binding on her. 4. The trial judge disregarded and did not determine at all the plaintiff/ appellant’s issues 8 and 9 raised on the pleadings and argued in the submission but rather held erroneously and contrary to the evidence on record that the plaintiff/appellant did not raise any issues on the pleadings. 5. The learned trial judge ignored the call for superimposition of plans raised in the plaintiff’s issues for determination ...