YAHAYA ISSAKA vs. ZAMPOU HAMIDU & ANO

JUDGMENT MENSAH-DATSA, JA. This is an appeal by the Plaintiff/Appellant (hereinafter referred to as Appellant) against the judgment of the trial Circuit Court, Adum, Kumasi, Ashanti Region dated 23rd November, 2021 in favour of the 1st Defendant /Respondent (hereinafter referred to as Respondent). The amended grounds of appeal pursuant to the Order dated 18th July, 2023 are as follows: i. The judgment is against the weight of evidence adduced at the trial. ii. The trial Circuit Court Judge wrongly dismissed the reliefs of the Plaintiff/ Appellant when there was sufficient evidence to support the Plaintiff/ Appellant’s case. iii. The trial Circuit Court Judge wrongly held that the Plaintiff did not give notice to the 1st Defendant to remedy his breach when from the pleadings of the Plaintiff and the 1st Defendant, the re-entry was not in issue. PARTICULARS OF ERROR OF LAW Where no issue is joined on a specific fact in pleadings, no evidence ought to be led on that fact. .....