Ratio Decidendi



DANIEL DARKO ACHEAMPONG JNR.
V.
DANIEL DARKO ACHEAMPONG SNR.

(2004) JELR 69930 (CA)    
Court of Appeal  ·  HI/87/2004. ·  24 Jun 2004 ·  Ghana
CORAM
S.T. FARKYE JA, J.B. AKAMBA JA, J. DOTSE JA

Ratio Decidendi

Core Terms Beta
appellant
respondent
evidence
customary gift
deed of gift
deed of revocation
dispute
father
gift
judgment
son
new effia estate
plaintiff
21st february
learned judge
order
plot no. b.
record
said property
writ of summons
22nd february
b1
case
case exhibit b1
circuit court takoradi
claim of the appellant
court of appeal decision
courts act
decided case of sese vrs
eldest biological son of the defendant
exhibit
facts of this suit
father of the appellant
gift of house no. sh b.
grounds of appeal
house no. b.
istant case
judgment of the circuit court takoradi
lawful attorney
legal effect
owner of the house type
presence of his mother
previous decision of the court of appeal
purported revocation of gift of house type
reason of the deed of gift
respect of the appeal
strong language
weight of the evidence

FARKYE, J.A.

This judgment is in respect of the appeal against the judgment of the Circuit Court Takoradi dated 29th day of January, 2003.

On 4/4/02, the Appellant (a son) issued a writ of summons against the Respondent (a father) claiming

(a) Declaration that the purported revocation of gift of House Type SH 2 on plot No. B. 118 New Effia Estate, Takoradi to the Plaintiff by the Defendant is wrong in law and of no legal effect.

(b) An order restraining the Defendant from interfering with the Plaintiff's ownership or dealings with the said property.

(c) An order declaring the Plaintiff as the owner of the House Type SH 2 on plot No. B. 118 New Effia Estate, Takoradi by reason of the deed of gift dated 22/2/94.

The Respondent also filed a statement of defence and counter-claimed against the appellant for declaration of title to the said property.

There was a full trial and the Circuit Court Takoradi on 29/1/03 dismissed the Appellant's claims and entered judgment for the Respondent and it is …

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