Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AWUAH
V.
ADUTUTU AND ANOTHER

(1988) JELR 65617 (SC)    
Supreme Court  ·  28 Jun 1988 ·  Ghana
 · 
Other Citations
[1987-88] 2 GLR 191
CORAM
ABBAN J.S.C.,OSEI-HWERE JA,LAMPTEY J.A.

Ratio Decidendi

Core Terms Beta
plaintiff
first defendant
high court judge
osei kofi
second defendant
exhibit b
declaration of title
learned trial magistrate
first plaintiff witness
presence of the plaintiff
high court
learned judge
limits of the land
size of the forest land
common boundary
first respondent
use of that rope
vacant land
boundary owners
cross-examination
disputed land
grant of the land
measurements of the disputed land
small area
abban j.s.c
behalf of his stool
caretaker of that stool land
common surveyor
conduct of the first defendant
considerable portion
considerable portion of the land
crucial findings of the learned trial magistrate
disputed portion
district court
district court grade
emissaries osei kofi
following manner
following question
further findings
grant of forest land
grants of the said stool land
old rope
physical demarcation of the land
plaintiff’s grant
plan of the disputed area
portion of land
portion of the stool land of nana akwaboahene
said decision of the district court
said payment
subsequent grant of that portion

ABBAN J.S.C.

The appellant sued the respondent in the District Court Grade I, Goaso, in Brong-Ahafo for a declaration of title to land, damages for trespass and an order for perpetual injunction. Judgment was entered in the appellant’s favour and the respondents appealed to the High Court, Sunyani.

On 15 July 1983 the High Court, Sunyani reversed the said decision of the district court, grade I and gave judgment for the respondents, dismissing the appellant’s claim. It is against this judgment that the appeal was brought.

The facts in the case were simple: The appellant (hereinafter referred to as the plaintiff) obtained a grant of forest land from the first respondent for cultivation. The size of the forest land granted was described as 12 x 24 poles and the plaintiff paid £110 (¢220) to the first respondent for the grant. The first respondent (hereinafter called the first defendant) issued a receipt, exhibit B, to acknowledge the said payment. The plaintiff entered into possession and…

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