Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ASARE
V.
DONKOR AND SERWAH II

(1962) JELR 65333 (SC)    
Supreme Court  ·  21 Dec 1962 ·  Ghana
 · 
Other Citations
[1962] 2 GLR 176
CORAM
SARKODEE-ADOO JSC, OLLENNU JSC, AKUFO-ADDO J.S.C.

Ratio Decidendi

Core Terms Beta
dispute
land
respondent
arbitration
evidence
impressions
learned judge
local court
case
judgment
mathew anokye
parties
high court
first appellant
findings of fact
identity of the land
inspection of the land
second appellant
eye witness
part of the land
support of his case
trial court
weight of evidence
basis of the judgment
entry of the appellants
evidence of the only independent witnesses
evidence of the said mathew anokye
evidence shows
full explanation
good reasons
grant of a portion of his stool land
judgment of the local court
justice of the case calls
kwame mensah
main issues
main point
members of the local court
only way
personal knowledge of the transaction
portion of the lands of the odikro
present case
principal issues
principle of law
said gyantutu
said mathew anokye
second issue
story of the defendants
undue weight
valid grants
witness gyantutu

OLLENNU J.S.C.

In this action, the identity of the land was not in dispute, and all the parties were agreed that the land is a portion of the lands of the Odikro of Nagodi under the stool of Nyinahin, and that the Odikro and his elders are the proper persons to make valid grants of it. They were also agreed that the Odikro, one Mathew Anokye made a grant of a portion of his stool land at one time to the first appellant, and a portion at another time to the plaintiff. Claiming that the area in dispute formed part of the land granted to him, the first appellant transferred it to the second appellant, an Omanhene of another state, and placed her in possession. The respondent resisted entry of the appellants upon the land, maintaining that the land is in his possession as owner, as part of the land lawfully granted to him by the Odikro. The appellants then lodged complaint against him with the Nyinahinhene, who, purporting to arbitrate on the dispute between the parties, declared the gran…

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