Ratio DecidendiRatio Decidendi



A. R. DUODU-SAKYIAMA
V.
TEMA DEVELOPMENT. CORPORATION

(2016) JELR 63522 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J4/25/2015 ·  6 Jun 2016 ·  Ghana
CORAM
ANIN YEBOAH JSC. [PRESIDING], BAFFOE - BONNIE JSC., AKAMBA JSC., APPAU JSC., PWAMANG JSC.

Ratio Decidendi

Core Terms Beta
appellant
respondent
court of appeal
trial
valuation report
trial court
high court
grounds of appeal
residential purposes
written agreement
absurd conclusion
acquired land
acre land
appellant right of entry
decision of the court of appeal
facts of the case
fish ponds
trial high court
account of structures appellant
act of parliament
annual ground rent
cases of majolagbe v larbi
charge of such lands
employee of the tema development corporation
employment of the respondent
first year’s ground rent
following basis
further appeal
grant of the agricultural tenancy
history of the respondent
industrial plot no.
judgment of the high court
land area
market value of the five-acre land
opening paragraph of the offer letter
original land owner
party’s averment
portions of the land
recent market value
reconsideration of his case
recovery of compensation
said land
square miles of public land
term of the proposed lease
traditional lands supervisor
use of the whole land
valuation report of state land
written document
zabrama v segbedzi

JUDGEMENT

APPAU, JSC. :

The Court of Appeal, on 6th December 2012, upheld an appeal against the judgment of the High Court, Tema dated 24th November 2010. Not satisfied with this decision of the Court of Appeal, the Plaintiff, who won in the trial High Court, has come before us on a further appeal for a reconsideration of his case. I re-call below the facts of the case as gathered from the evidence on record.

Facts of the case

The Plaintiff/respondent/appellant was an employee of the Tema Development Corporation, which is the Defendant/appellant/respondent herein. For purposes of brevity, he would simply be referred to as the ‘Appellant’ while the Defendant/appellant/respondent would assume the description ‘Respondent’.

Somewhere in the middle of 1986, the Appellant, while in the employment of the Respondent, was offered a 6.19 acre land belonging to his employer for farming purposes as an agricultural tenant. The letter that conveyed the offer, which the Appellant described as a lease in …

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