Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

MARK OFEI ANTWI v. JOHN KWAKU MORTEY

2015

COURT OF APPEAL

GHANA

CORAM

  • OWUSU M., (PRESIDING)
  • KORBIEH, J.A.
  • DZAMEFE, J.A

Areas of Law

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

AI Generated Summary

The High Court ruled in favor of the plaintiff, finding the defendant's claims to the land fraudulent and not supported by credible evidence. The defendant appealed, but the Court of Appeal affirmed the lower court's ruling, dismissing the appeal. The appellate court held that the plaintiff proved his title to the land and that the judgment was supported by the weight of evidence. It also clarified that new grounds for appeal not mentioned in the notice could not be argued without leave of the court. The judgment emphasized the importance of the quality of evidence over the quantity of witnesses and the evidential burden shifting between parties.

JUDGMENT