Ratio DecidendiRatio DecidendiRatio Decidendi



COMFORT OFFEIBEA DODOO
V.
NII AMARTEY MENSAH

(2020) JELR 80039 (SC)    
Supreme Court  ·  CIVIL APPEAL SUIT NO. J4/12/2019 ·  5 Feb 2020 ·  Ghana
CORAM
ANSAH, JSC (PRESIDING). DOTSE, JSC. MARFUL-SAU, JSC DORDZIE (MRS), JSC. AMEGATCHER, JSC

Ratio Decidendi

Core Terms Beta
plaintiff
defendants
appeal
traditional evidence
court of appeal
supreme court
high court
findings of fact
boundary owners
grounds of appeal
learned trial judge
case of the plaintiff
declaration of title
evidence of the plaintiff
final appellate court
koforidua lands commission
leave of the court
long periods of time
notice of appeal
parcel of land
amended statement of claim
assemblies of god church
case of the original plaintiff
decision of the high court
evidence of plaintiff
evidence of the parties
executrix of the late mercy naa aponsah
following circumstances
following persons
following reliefs
general principle of law
interest of the plaintiff
judgment of the court of appeal coram gyaesayor
nii tetteh mensah family of pobiman
order of high court
overt acts of occupation
piece of evidence
probate of the said will
properties of kofi adjiri
property of nii armah
p.w.2 anane foli
recent acts of ownership
recent application of the above principle
statement of claim
trajectory of the state of the pleadings
various witnesses
waste of farm lands

DOTSE, JSC:

INTRODUCTION

This is an appeal from the Judgment of the Court of Appeal Coram Gyaesayor, Aduama Osei, and Dzamefe J.J.A dated 12th May, 2016. Being dissatisfied with the judgment, the Defendants/Appellants/Appellants, hereafter referred to as Defendants have filed this appeal to the final appellate court through a notice of appeal dated 22nd June, 2016.

RELIEFS CLAIMED BY THE PLAINTIFF IN THE HIGH COURT

The Plaintiff/Respondent/Respondent, hereafter referred to as the Plaintiff by its amended writ of summons claimed against the Defendants the following reliefs:

  1. Declaration of title to all that piece or parcel of land situate and being at Amasaman and bounded on the North by the properties of Kofi Adjiri, on the South by the property of Kpakpo-Oti, on the East by the property of Otoo Kwao and on the West by the property of Nii Armah and covering an area of 229.67 acre more or less and indicated on a site plan edged Red and showing the measurements.
  2. Damages for trespass and destru…
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