Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1973) JELR 69636 (HC)    
High Court  ·  7 Nov 1973 ·  Ghana
Other Citations
[1974] 1 GLR 38

Ratio Decidendi

Core Terms Beta
trial of the suit
plaintiffs’ application
trial magistrate
first witness
evidence of the plaintiffs
submission of no case
leave of the court
use of the defendant
plaintiffs’ second witness
plaintiffs’ first witness
cocoa farm
said affidavit
district court grade
important point
burden of proof
civil case
total contribution
appellate court
general rule of practice
defendant’s counsel
trial court
sets of circumstances
first plaintiffs’ witness
osei-hwere j.
ebbw vale steel
absence of any explanation
defendant’s behalf
court of first instance
face value
nature of the submission
raglan building co.
plaintiffs’ claim
above rule
proceeds of the said sale
unreliable nature of the evidence
new trial
physical cash
cocoa farms
sufficient evidence
issue of the burden of proof
mr. j. b. k. yemidi
grounds pose
high court


The facts giving rise to this appeal afford interesting reading. The plaintiffs and the defendant jointly raised a loan of ¢3,000.00 for which each party mortgaged his cocoa farm to the creditor. It is alleged from the affidavit supporting the plaintiffs’ application to put the case on the undefended list that the parties shared the loan equally and that they were jointly liable for its repayment. The plaintiffs contend further in the said affidavit that both of them made a total contribution of ¢2,800.00 in repayment of the loan whilst the defendant paid only ¢120.00. They say, therefore, that they had paid “to the use of the defendant ¢800.00 upon total payment of the sum of ¢2,920.00 that was accepted by the mortgagee in full satisfaction of the loan and for redemption of the properties mortgaged to the creditor to secure repayment of the loan.” The plaintiffs, therefore, sued the defendant claiming that they be indemnified in the sum of ¢800.00. In his affidavit for …

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