Ratio Decidendi


(1962) JELR 69559 (HC)    
High Court  ·  8 Jan 1962 ·  Ghana
Other Citations
[1962] 1 GLR 1

Ratio Decidendi

Core Terms Beta
customary law
sierra leone
late l. t. c. davies
mr. benjamin
mr. williams
statement of claim
statute of distribution
2nd november
gold coast
preliminary objection
administratrix fanny margaret davies
case coleman v
certified copy of the marriage certificate
charles j.
children of a native marriage
children of the deceased
children of the marriage
day mr. benjamin
death of l. t. c. davies
decree of a court of probate
estate of l.t.c. davies
father’s estate
first defendant
intestate l.t.c. davies
landed property
late ekua ahima
leave of the court
legitimacy of the plaintiff
native of cape coast
natives of sierra leone
only law
proposed amendment of plaintiff
question of fact
rightful heir
said land
sarbah’s fanti customary laws ch
sierra leone ordinance
status of the plaintiff
successor of the late l. t. c. davies
validity of the marriage

CHARLES J.: In this action the plaintiff in a representative capacity as heir and successor of the late L. T. C. Davies and as the representative of the other children of the said L. T. C. Davies, deceased instituted an action against the defendant for:

(1) A declaration that the deed of sale executed on the 19th January, 1953 between the first defendant and the administratrix Fanny Margaret Davies, and also the subsequent lease executed between the first and second defendants are both null and void, and for a rescission of both.

(2) £G1,500 as damages suffered as a result of the defendants trespassing to the said land and, with the assistance of their servants and agents, demolishing the building thereon.

When this case came on for hearing Mr. Benjamin, counsel for the plaintiff sought leave of the court to amend the statement of claim as appears in the notice of proposed amendment filed. Mr. Williams opposed this application on the ground that he proposed to take an objection in limine…

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