Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AFEKE
V.
AGBLE

(1988) JELR 65443 (CA)    
Court of Appeal  ·  17 Mar 1988 ·  Ghana
 · 
Other Citations
[1987-88] 2 GLR 572
CORAM
TAYLOR J.S.C,OSEI-HWERE J.A.,ESSIEM J.A.

Ratio Decidendi

Core Terms Beta
action
plaintiff
court
liberty
order
case
high court
fresh action
such terms
g.l.r
learned trial judge
leave of the court
appellate court
civil procedure
following application
plan of the disputed area
star newspaper co.
trial judge
appeal court
better position
cause list
conduct of the plaintiff
court mr. nutsugah
court order
defendant-respondent
discontinuance of the action
discretion of the courts
first plaintiff witness
good cause
house of lords
judge’s award
korsah c.j
l.n 140a
l.n.140a
lord herschell
meaning of the following terms
only complaint
order of the said judge
orders
procedure of the english high court
public policy
reasonable award
said practice
short ruling disposing of the suit
subsisting practice of the high court
such circumstances
unquestionable legal position
vexatious litigant
withdrawal of the action

JUDGMENT

TAYLOR J.S.C.

The appellant in this appeal (hereinafter referred to as the plaintiff) sued the defendant-respondent (hereinafter referred to as the defendant) on 20 May 1977 in the High Court, Ho claiming a declaration of title to a piece of land, perpetual injunction, recovery of possession and damages for trespass. After a plan of the disputed area had been prepared and tendered by a surveyor who gave evidence as the first plaintiff witness, the plaintiff on 10 May 1983 commenced leading evidence on his own behalf.

In the course of his evidence-in-chief his counsel at the High Court, Mr Nutsugah, who is appearing for him in this appeal made the following application for adjournment:

“At this stage I will apply for an adjournment since I am embarrassed by the conduct of the plaintiff. If on the adjourned date he does not see why we are in court, we will discontinue the case. I do concede costs to my learned friend.”

Counsel for the defendant, who is the respondent herein, opposed…

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