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MABANI TWO COMPANY LTD v. FRED OHENE FRIMPONG

2021

COURT OF APPEAL

GHANA

CORAM

  • ANGELINA M. DOMAKYAAREH (MRS.) J A (PRESIDING)
  • ALEX B. POKU-ACHEAMPONG, J A
  • SAMUEL K. A. ASIEDU, J A

Areas of Law

  • Civil Procedure
  • Evidence Law

AI Generated Summary

The Court of Appeal (per Angelina M. Domakyaareh, JA, with Poku-Acheampong, JA, and Asiedu, JA, concurring) allowed an appeal from a judgment of the Commercial Division of the High Court in Kumasi. The respondent company had paid the appellant, a private legal practitioner, funds to facilitate the acquisition of PLOT NO. 7, Rear Cape Coast Road, Takoradi, and later sued to recover monies when the land was not procured; the High Court awarded GH¢76,000 plus interest and costs. On appeal, the Court dismissed objections to several grounds under Rule 8(4) of C.I. 19, held that the trial judge erred by delivering judgment without permitting cross-examination of PW1 and opening of the appellant’s defence despite prior orders, found the judgment based on uncross-examined evidence and thus void for breach of audi alteram partem, set it aside, and remitted the case for retrial before a different judge.

JUDGMENT