Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ADIZA MOHAMADU
V.
ALI ADAMU AND HARUNA AMIDU

(2014) JELR 63945 (CA)    
Court of Appeal  ·  SUIT NO. H1/08/2014 ·  21 Oct 2014 ·  Ghana
CORAM
ADJEI J.A (PRESIDING) ,LOVELACE-JOHNSON J.A, SOWAH J.A

Ratio Decidendi

Core Terms Beta
land
plaintiff
2nd defendant
1st defendant
evidence
bona fide purchaser
legal estate
late husband
statement of defence
trial court
trial judge
defendant
ignorance of third parties
notice of any encumbrance
plot of land
weight of evidence
2nd defendant’s case
accompanying statement of claim
appellate court
bona fide purchaser of the disputed land
case of the plaintiff
circuit court
constructive notice of any matter
conveyancing act
court’s decision
distribution of estate
end of the trial
entire world
equitable doctrine of purchaser
findings of fact of a trial court
innocent purchaser
intestate succession law
islamic law
judgment of the circuit court
learned trial judge
midland bank trust co
notice of an equitable interest
notice of any defect
palace of the wangara chief
plaintiffs claim
plaintiffs favour
primary findings of fact
record of appeal
record of proceedings
respect of her claims
such action
wangara chiefs’ palace

CECILIA SOWAH, JA

This an appeal against the judgment of the Circuit Court, Koforidua, dated 26th August 2013 by which the learned trial judge entered judgment for the plaintiff in respect of her claims for declaration of title to land and perpetual injunction restraining the defendant and his agents from entering the land in dispute. The trial judge also awarded cost in the sum of GH₵2,000 in plaintiffs favour against the 2nd defendant.

A brief back ground to the events culminating in the appeal filed by the 2nd defendant is as follows:

The plaintiff initially issued her writ of summons against the 1st Defendant on 27th September 2005 for declaration of title and perpetual injunction. The 2nd defendant became a party when he applied and was joined to the suit on the ground that he had bought the land in dispute from the 1st defendant. By an amended writ of summons filed on 15th October 2012, the plaintiff/respondent (hereinafter called the plaintiff) claimed against the 1st defendant an…

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