Ratio Decidendi



BONSU
V.
MANU AND 3 OTHERS

(1961) JELR 69655 (HC)    
High Court  ·  10 Nov 1961 ·  Ghana
CORAM
APALOO J

Ratio Decidendi

Core Terms Beta
plaintiff
farm
rule
sale
court
trial court
case
fourth defendant
asantehene’s court
defendants
behalf of the appellants
evidence
procedure rules
claim
counsel
interpleader proceedings
plaintiff’s own showing
said adawuah
1st october
27th august
account sale
caretaker okyeame kwaku addae
clear unchallenged evidence
defence of the judgment of the trial court
facts of this case
favour of the fourth defendant
hearing of the interpleader action
highest bidder
judgment of the jamasi local court
last paragraph of its judgment
licensed auctioneer
local court
mr. lutterodt
native courts
obvious object of the rule
order
owner of a cocoa farm
own words
point
possession of a man
present claim
present decision of the trial court
procedure
public action
regular action
said defendants
sale of my cocoa farm
satisfaction of the said costs
then execution
trial court ought

APALOO, J.

This is an appeal from the judgment of the Jamasi Local Court delivered on the 21st December, 1959. The plaintiff was the owner of a cocoa farm said to be situated at a place called Pampatia on Tabere stool land. In or about 1946, the plaintiff litigated with the first three defendants and lost to them in the Asantehene’s Court. He was ordered to pay costs to the said defendants. The evidence shows that he did not pay and for that reason the farm in dispute was attached by fi.fa. and advertised to be sold in satisfaction of the said costs. At that time, the farm in dispute was in possession of a man called Adawuah to whom the plaintiff had pledged it.

When the farm was thus attached, the said Adawuah brought interpleader proceedings to which the plaintiff was privy. During the hearing of the interpleader action before the Asantehene’s Court on the 27th August, 1946, the said Adawuah agreed to withdraw his claim provided the then execution- creditors paid to him the sum of £G4…

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