Ratio DecidendiRatio DecidendiRatio Decidendi



APPOLO CINEMAS ESTATES (GH) LTD
V.
CHIEF REGISTRAR OF LANDS AND OTHERS

(2004) JELR 65557 (HC)    
High Court  ·  3 Mar 2004 ·  Ghana
 · 
Other Citations
[2003-2005] 1 GLR 167
CORAM
APPAU J

Ratio Decidendi

Core Terms Beta
third defendant
second defendant
plaintiff
court
chief registrar of lands
certificate
habiba captan
contract of sale
disputed land
first defendant
land title registry
legal title
yaw boakye
declaration of title
statement of claim
bona fide purchaser of the property
demolished building
legal right
above issues
alleged fraud
counterclaim of the third defendant
defence counsel
defendant
land title register
notice of any encumbrance
second defendant’s title
actual date
beneficial owner of a piece of land
building operations
court of appeal
court of law
destruction of the said land
exhibits el
favour of the second defendant
final determination of the issues
high court
ie yaw boakye’s vendor
illegal destruction of house no f
land certificate of the second defendant
name of the third defendant
order of perpetual injunction
plaintiff’s claim
recovery of possession of the disputed land
registered title
ruling of the court
said land
said plot of land
second registration
sum total of the plaintiff
valid contract of sale of the property

JUDGEMENT

Appau J.

In 1999, precisely on 14 December 1999, the plaintiff, Appolo Cinemas and Estates (Gh) Ltd, in a suit No 600/99 sued the defendant (Yaw Boakye) hereinafter referred to as the third defendant, in this consolidated suit claiming five reliefs, namely: (a) recovery of possession of the disputed land as described on the writ of summons; (b) special damages for wrongful and illegal destruction of house No F 572/1; (c) an order of perpetual injunction restraining the defendant, etc from entering the said land and carrying on any work or building operations thereon; (d) declaration of title to the said plot of land and the demolished building thereon; and (e) general damages for trespass and destruction of the said land and building thereon.

The statement of claim accompanying this writ is very brief. It contains only six paragraphs and the sum total of the plaintiff’s case as pleaded is that it is the legal and beneficial owner of a piece of land with a building thereon as d…

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