Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AMA SERWAA
V.
GARIBA HASHIMU & ISSAKA HASHIMU

(2021) JELR 107901 (SC)    
Supreme Court  ·  J4/31/2020 ·  14 Apr 2021 ·  Ghana
CORAM
A. LOVELACE–JOHNSON (MS.) A. M. A. DORDZIE (MRS.) V. J. M. DOTSE E. YONNY KULENDI

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
court of appeal
appeal
case
trial court
2nd defendant
notice of appeal
points of law
weight of evidence
omnibus ground
supreme court
1st defendant
cause of action
breach of promise
grounds of appeal
commercial sex work
general damages
instant appeal
legality of prostitution
omnibus ground of appeal
error of law
honourable court
statement of defence
consent judgment
general rule
high court
issue of the legality
judgment of the court of appeal
legal arguments
legality of the cause of action
advantage of others
basic facts
decision of the high court
defendant’s urging
following grounds
hearsay evidence
islamic law
issue of the fresh legal point
knowledge of the appellant
lack of proper appraisal of the evidence
leave of the appellate court
part of the written submissions of the 2nd defendant
plaintiff’s money
return forms part of defendant
rules of evidence
such legal issues
such notice of appeal
very jurisdiction of the trial court
written submission of the respondent

JUDGMENT

PROF MENSA-BONSU (MRS.), JSC

This is a case which appears simple on its face, but which is not so, in reality, having arisen out of the relations of two migrant workers from Ghana who met and cohabited as a couple, in Napoli, Italy. The female believed they were in an amorous relationship and that marriage between them was imminent, whilst the male had other ideas and therefore initially disputed the basis of the belief of the existence of an amorous relationship. There is thus a mix of love, commercial sex work, misplaced trust, manipulation of the system and intrigue, to the befuddlement of lawyers and judges alike.

Although presented as one case, it actually consists of a total of three cases in the High Court; and an appeal to the Court of Appeal, which has culminated in the instant appeal to this honourable court. The equitable maxim “Equity will not suffer a wrong to be without a remedy” is a maxim that has been brought to life and prayed in aid in order to do justice for…

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