Ratio DecidendiRatio DecidendiRatio Decidendi


(1960) JELR 63946 (HC)    
High Court  ·  7 Jun 1960 ·  Ghana
Other Citations
[1960] GLR 155
[1960] GLR 37 - 42

Ratio Decidendi

Core Terms Beta
native appeal court
local courts act
court of appeal
district magistrate’s court
land court
native court
appellate jurisdiction
native courts
australian commonwealth judiciary act
decision of a local court
division of the high court
express words
lands division
local courts
privy council
provisions of section
alleged gift inter vivos
appeal court
course of the judgment of the privy council
courts ordinance
decision of the land court
district court
divisional court
exclusive original jurisdiction
exercise of its appellate jurisdiction
exercise of its original jurisdiction
following manner
ghana exercise jurisdiction
jurisdiction of the land court
members of the family of the donor
native courts ordinance cap
occupation of lands
only appeal
only pending appeals
order of a native appeal court
original cases
reason of the repeal of the statute
repeal of the said native courts ordinance
said causes
said section
subject matter
subject matter of the cause
such appeals
sufficient evidence
supreme court


The jurisdiction of the Land Court, a division of the High Court, both original and appellate, was given by section 24 subsection (1) of the Courts Ordinance, Cap. 4, which reads:

“24. (1) There shall be a Division of the High Court, to be known as the Lands Division, which shall within Ghana exercise jurisdiction in all causes and matters relating to the ownership, possession or occupation of lands, specifically assigned to the Lands Division by this or any other Ordinance.”

The causes and matters assigned to it for the exercise of its original jurisdiction are set out in subsection (4) of the said section 24 which says:

“(4) Subject to the provisions of section 19 of this Ordinance a Land Court shall have exclusive original jurisdiction to hear and determine any cause or matter relating to ownership, possession or occupation of land ...”

The said causes and matters are there set out.

Section 26 of the Ordinance shows that the “causes or matters” mentioned in section 24 (1) inc…

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