2000 Ltd Vrs Otoo [2018] GHASC 68 (17 October 2018)
The appellant failed to discharge the burden of proof required for his counterclaim, relying on a discredited expert report and lacking corroborative evidence. The Court of Appeal was justified in setting aside the trial court's grant of the counterclaim.
- Citation
- 2000 Ltd Vrs Otoo [2018] GHASC 68 (17 October 2018)
- Parties
- Plaintiff/appellant/respondent: 2000 Limited; Defendant/respondent/appellant: Francis Otoo
- Court
- ghasc
- Jurisdiction
- Ghana
- Judgment Date
- 17 October 2018
- Procedural Posture
- Civil Appeal / Final Appeal Before Supreme Court
- Outcome
- appeal dismissed
- Legal Topics
- Counterclaim, Burden of Proof, Expert Evidence, Appeals
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
2000 Limited
Plaintiff/appellant/respondent
Francis Otoo
Defendant/respondent/appellant
Procedural Posture
Civil Appeal / Final Appeal Before Supreme Court
Legal Issues
- 1 Whether the Court of Appeal erred in setting aside the trial court's grant of the appellant's counterclaim
- 2 Whether the appellant proved his counterclaim on the balance of probabilities
Ratio Decidendi
The appellant failed to discharge the burden of proof required for his counterclaim, relying on a discredited expert report and lacking corroborative evidence. The Court of Appeal was justified in setting aside the trial court's grant of the counterclaim.
Court Disposition
appeal dismissed
Orders
- Court of Appeal's dismissal of appellant's counterclaim upheld
- No further relief granted to appellant
Full Case Text
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