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OPANIN KOFI AGYEKUM MANU v. KWABENA BOATENG & ANOTHER

2016

COURT OF APPEAL

GHANA

CORAM

  • E. K. Ayebi, J.A. (Presiding)
  • G. Torkornoo (Mrs), J.A.
  • A. M. Domakyaareh (Mrs.), J.A.

Areas of Law

  • Civil Procedure
  • Evidence Law

AI Generated Summary

In this case, the plaintiff filed a writ in 2006 asserting claims over a piece of land, claiming various reliefs such as title, possession, damages for trespass, and an injunction against the defendants. In 2009, the High Court struck out the plaintiff’s action for want of prosecution, shifting the burden to the defendants to prove their counterclaim. They were able to discharge this burden, resulting in a 2014 ruling in their favor. The plaintiff's appeal was based on grounds including misidentification of the land, errors in arbitration findings, and inappropriate consideration of evidence. However, the appellate court found all these grounds to be meritless, thus dismissing the appeal and affirming the original judgment.

JUDGMENT