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



BENJAMIN DANQUAH
V.
AGNES AHADZI AND PIONEER MALLS

(2021) JELR 108966 (CA)    
Court of Appeal  ·  H1/168/2016 ·  20 May 2021 ·  Ghana
CORAM
H. KWOFIE JA (PRESIDING), B. MENSAH JA, ARYENE JA

Ratio Decidendi

Core Terms Beta
plaintiff
defendants
disputed land
2nd defendant
supreme court
trial court
1st defendant
trial judge
land certificate
exhibit e
finding of fact
land certificate no ga
appellate court
bortei alabi family
judgment of the supreme court
2nd defendant’s counterclaim
land title registration law
weight of evidence
bortei alabi family of nungua
cancelled title deed
decision of the trial court
high court
said land certificate
discharge of defendant
judgment of the high court
learned judge
proper court order
subject of litigation
1st defendant’s title
absence of evidence
bona fide owners of the disputed land
breach of the rules of natural justice
cancellation of 2nd defendant
following grounds of appeal
following issues
forgery of signature
grantees of land
issue of illegality of the land title registry cancelling land certificate
land registry
owners of a larger track of land
respectful view
rules of natural justice
said cancelled certificate
subject matter of litigation
track of land

JUDGMENT

ARYENE JA 

This is an appeal against the judgment of the High Court, Accra delivered on 3rd February  2011. In this judgment, we shall refer to plaintiff /Respondent as plaintiff and Defendants/Appellants as Defendants.  

Plaintiff obtained judgment against the Defendants for reliefs endorsed on its amended  writ of summons. 2nd Defendant’s counterclaim, was dismissed as unproven. 

Aggrieved by the decision of the trial court, Defendants are in this court, praying for an  order to reverse the judgment and for judgment to be entered on their counterclaim. Their  prayer is brought under the following grounds of appeal: 

1. That the judgment is against the weight of evidence. 

2. That the learned judge erred in law when he failed to advert his mind to or address  the issue of illegality of the land Title Registry cancelling land certificate no GA  9043 without a proper court order or due process under the Land Title Registration Law, 1986, (PNDCL 152). 

3. The trial judge erred when h…

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