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EFFIDUASE STOOL v. MPONUA STOOL

2018

COURT OF APPEAL

GHANA

CORAM

  • M. OWUSU (J.A.) – PRESIDING
  • KWOFIE (J.A.)
  • GAISIE (J.A.)

Areas of Law

  • Evidence Law
  • Civil Procedure
  • Property and Real Estate Law
  • Contract Law

AI Generated Summary

The appeal was against the High Court, Kumasi decision which ruled in favor of the plaintiff stool on ownership and injunction over certain lands, awarding GH¢40,000.00 damages and GH¢10,000.00 cost. The defendant challenged the judgment on grounds of improper evidence evaluation, excessive damages, and wrongful capacity of the linguist to testify. The court upheld the capacity of the linguist to testify, found the judgment not against the weight of evidence, but reduced the damages awarded to GH¢10,000.00. Several previous cases were referred to in supporting the decisions, and documentary evidence was deemed more reliable than oral evidence in establishing ownership.

JUDGMENT