Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DALIKE DZATA AND JOHN DOE GADRI
V.
KOFI AGBENYO

(2021) JELR 108967 (CA)    
Court of Appeal  ·  HI/03/2020 ·  26 Feb 2021 ·  Ghana
CORAM
OFOE J.A, BARTELS-KODWO J.A, BERNASKO ESSAH J.A

Ratio Decidendi

Core Terms Beta
defendant
court
case
trial judge
judgment
palm trees
plaintiff
trial magistrate
govieame lands
witnesses
trial court
district court
appellate court
pw1
kpeta lands
disputed land
cross examination
subject matter
survey plan
counterclaim of the defendant
property of tokoni
high court
judge
locus report
rejected document
togbe tokoni
dzodze magistrate court
high court judgment
trial district court
anyedu’s land
arbitration award
brief of the evidence of the parties
conclusion of trial
documents of the court
donyo’s land
evidence of the 2nd witness of the plaintiffs
evidence of these witnesses
exhibit ca
first witness of the plaintiffs
gbetsi’s land
great grandfather tokoni
land matter
parcel of land
pieces of evidence
record of this rejection
respective cases
respect of the survey instructions
said judgment
tokonyo’s land
view of the trial magistrate

OFOE, J.A:

This appeal traces its origins from the District Court, Ave Dakpa, in the Volta Region. It is a case which was wholly home brewed in the sense that the parties prepared the court processes themselves and conducted their respective cases without legal assistance. When the court ordered pleadings to be filed, again these were filed by the parties without any legal assistance. At the conclusion of trial the plaintiff had judgment. This judgment was set aside by the High Court. It is this High Court judgment which is on further appeal to this court. 

We will describe plaintiff and co-plaintiff as plaintiffs for sake of convenience and defendant as defendant as he was in the trial District Court. 

A brief back ground to the case through the pleadings should make our opinion clearer. We can then record the brief of the evidence of the parties and their witnesses placed before the court for our analysis whether the appeal has any merit after conducting a review, which in fact is a re…

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