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ROBERT AGGREY v. KOBINA MOSHIE

2021

COURT OF APPEAL

GHANA

CORAM

  • IRENE CHARITY LARBI (MRS.), JA (PRESIDING)
  • GEORGINA MENSAH-DATSA (MRS.), JA
  • YAW DARKO ASARE, JA

Areas of Law

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

AI Generated Summary

This second appeal from Cape Coast concerns a neighbour-access dispute at Gomoa Abaasa. The Respondent acquired land from the Chief and elders of Abaasa and built his home in 1992, later using a designated 10-foot access route. In April 2015, the Appellant, whose house lies nearby, piled sand across the access near the Respondent’s gate. The Respondent sued for removal; the District Court granted a perpetual injunction and costs. The Appellant’s High Court appeal—raising grounds including a wrongful interlocutory order, evidentiary weight, and failure to rule on a counterclaim—was largely rejected; the injunction was affirmed, the counterclaim dismissed, and costs of GH¢10,000 awarded. On this second appeal, Mensah-Datsa JA (with Larbi JA presiding and Asare JA concurring) dismissed all four grounds—weight of evidence, interlocutory order, misquotation of witness testimony, and costs—finding no miscarriage of justice and affirming the High Court’s judgment.

JUDGMENT