WRANGLER GHANA LTD. v. SPECTRUM INDUSTRIES PVT. LTD. & ORS

ASIEDU JSC:-

INTRODUCTION:

On the 19th day of December 2016, the Plaintiff/Appellant/Respondent (hereinafter referred to as the Plaintiff/Respondent) issued a writ of summons against the Defendant/Respondent/Appellant in the High Court, Accra for reliefs in the nature of a declaration of title to land, recovery of possession, damages for trespass and an order of perpetual injunction. After the hearing of the matter, the learned Judge of the trial High Court dismissed the Plaintiff/Respondent’s claims and entered judgment in favour of the Defendant/Appellant. Aggrieved by the decision of the trial High Court, the Plaintiff/Respondent appealed to the Court of Appeal which, after considering the appeal, set aside the judgment of the High Court and entered judgment for the Plaintiff/Respondent for the reliefs claimed by the Plaintiff/Respondent. As expected, the Defendant/Appellant filed an appeal on the 4th day of July 2022 before this Court against the judgment of the Court of Appeal. According to the Defendant/Appellant, “the entire judgment of the Court of Appeal dated 28th April 2022, be reversed and the appeal allowed by affirming the decision of the trial Court.” The grounds of appeal, as stated in the Notice of Appeal are that:

a.The Court of Appeal erred in holding that the 1st Defendant/Respondent/Appellant was unable to prove that the gift was obtained by fraud when 1st Defendant/Respondent/Appellant’s allegation of fraud was in respect of the registration of the deed of gifts at the Lands Registry and not the grant.

b.The Court of Appeal erred when it considered the issue of vesting assent and capacity when same was not an issue before the trial court which would have afforded the 1st Defendant/Respondent/Appellant the opportunity to provide the required proof.

c.The Court of Appeal erred when it failed to make a determination on the allegation of fraud leveled against the 1st Defendant/Respondent/Appellant and 2nd Respondent.

d.The Court of Appeal erred when it failed to consider properly the fact that once the gift was denied by the grantors of the 1st Defendant/Respondent/Appellant, the presence of the Plaintiff/Appellant/Respondent’s grantor to testify at the trial was crucial in satisfying the evidential burden placed on the Plaintiff/Appellant/Respondent in an action for declaration of title.

e.The judgment is against the weight of evidence.

f.That additional grounds of appeal to be filed upon receipt of Records of Appeal.

It must be