Ratio Decidendi



ABIREH
V.
THE ATTORNEY-GENERAL AND ANOTHER

(1988) JELR 63713 (HC)    
High Court  ·  5 Aug 1988 ·  Ghana
 · 
Other Citations
[1975] 1 GLR 467
CORAM
BENIN J.

Ratio Decidendi

Core Terms Beta
judgment
application
counsel
appeal
plaintiff
stay of execution
court
defendants
successful party
affidavit
l.n. 140a
losing party
rules
trial
british tea association
civil procedure
court of appeal
court’s judgment
defendant-applicants
high court
notice of appeal
opposition
actual entry of the judgment
behalf of the plaintiff
benin j.
counsel’s feelings
first step
following deposition
following grounds
fruits of his judgment
fundamental point of procedure
high court judge
legal requirements
mere irregularity
merit
merits of the application
notice of entry of judgment
only ground
paramount duty of a court
parties
plaintiff-respondent
plaintiff-respondent’s enjoyment
provisions of order
real factual basis
rule
supporting affidavit
support of the application fails
time limit
understanding of the rule
undue hardship

BENIN J.: On 11 July 1988 this court entered judgment for the plaintiff-respondent (hereinafter referred to as the plaintiff) to recover certain sums of money from the defendant-applicants (hereinafter referred to as the defendants) jointly and severally in a suit arising out of a collision on the highway. On 12 July 1988 the defendants filed a notice of appeal against the court’s judgment stating the following grounds:

(1).“The judgment is perversely erroneous and against the weight of evidence adduced at the trial.

(2).The trial High Court judge woefully misunderstood the law that is applicable to the case and therefore misapplied the law and thereby denied the defendants justice.

(3).The damages awarded as to loss of use are unreasonable.”

They followed this up a day later with an application for a stay of execution pending appeal. The only ground canvassed in the supporting affidavit is contained in paragraph (6) thereof which has the following deposition:

“(6) That I am informed by co…

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