Ratio Decidendi



AMA POKUA
V.
TETTEH AMOATEY & 2 ORS

(2021) JELR 108964 (CA)    
Court of Appeal  ·  H1/56/2021 ·  5 May 2021 ·  Ghana
CORAM
SOWAH J.A. (PRESIDING), OPPONG J.A, MENSAH-HOMIAH J.A.

Ratio Decidendi

Core Terms Beta
defendants
plaintiff
land
central region
chief justice
trial judge
affidavit evidence
disputed land
eastern region
grounds of appeal
telitey village
writ of summons
asikuma-odoben-brakwa district
circuit court judge
conclusion
district map
trial court
above evaluation
cecilia h. sowah
certified copy of a district map
chief justice orders
circuit court agona swedru
civil procedure
decision of the circuit court judge
defendants submission
entire record
first ground of appeal
first point of note
following words
high court
honourable chief justice
immovable property
interlocutory appeal
leave of the trial court
location of asikasu
multichoice gh ltd
obvious question
plaintiffs boundary owners
position of the trial court
ruling of the circuit court
ruling of the circuit court judge
single issue
state
subject of the dispute
transfer of the suit
venue of proceedings
written submissions
yaw dekyem

JUDGMENT

INTRODUCTION 

This is an interlocutory appeal from the Ruling of the Circuit Court, Akim Swedru dated 19th October 2020. The appeal was duly filed on 18th November 2020 with leave of the trial court. 

The defendants who are the appellants herein had filed a motion for an order for the transfer of the Suit to the Circuit Court Agona Swedru by reason that the land the subject of the dispute was situate in the Central Region. The plaintiff (respondent herein) opposed the application, contending that the land was at Aperade in the Eastern Region and thus the appropriate forum. The trial court refused the application, holding that it had jurisdiction to determine the case.

Grounds of appeal

The defendants/appellants are seeking to: “set aside the Ruling, their objection to jurisdiction upheld, and the matter referred to the Honourable Chief Justice to decide on the appropriate forum for hearing the Suit”. The grounds of appeal are as follows: 

i. The decision of the Circuit Court judg…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login