Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DIANA MINNOW
V.
DANIEL ANTWI YEBOAH AND 5 ORS

(2021) JELR 108969 (CA)    
Court of Appeal  ·  HI/41/2021 ·  17 Mar 2021 ·  Ghana
CORAM
CECILIA SOWAH J.A. (PRESIDING), ANTHONY OPPONG J.A., ANGELINA MENSAH-HOMIAH J.A.

Ratio Decidendi

Core Terms Beta
plaintiff
1st defendant
defendants
trial court
trial judge
site plan
presumption of advancement
beneficial interest
learned trial judge
resulting trust
plot of land
proprietory estoppel
6th defendants
findings of fact
trial
plaintiffs name
record of appeal
weight of evidence
appellants counsel
grounds of appeal
high court
maiden name
main building
mother gladys adjei
parcel of land
plaintiffs’ case
plaintiff’s evidence
sole benefit
trust property
appellant mother
appellants
claims of the plaintiff
counter-claim
credible evidence
defendants' case
eldest child
evidence of the1st defendant
evidence of the mason dw3
following grounds of appeal
improbability of the evidence of 1st defendant
judgment of the circuit court
mental state
mother of the plaintiff
ownership of the said land
plaintiffs’ siblings
purchase receipts e
respect of the property
statement of claim

JUDGMENT

SOWAH, (J.A)

Introduction 

This is an appeal from the judgment of the Circuit Court, Koforidua dated 17th January 2020 in which the claims of the plaintiff against the defendants failed whilst judgment was entered for the defendants on their counter-claim. 

In this appeal, the plaintiff/appellant and the defendants/ respondents will be referred to by their designations at the trial high court.

Background Facts

The plaintiff had originally only sued her father, the 1st defendant on 17th November 2015 in respect of the property in dispute. Subsequently, the 2nd to 6th defendants who are the plaintiffs’ siblings applied and were joined to the suit. 

In her statement of claim as amended on 8th February 2018 [at pages 172-175 of the record of appeal], the plaintiff sought four substantive reliefs; namely a declaration of title to a parcel of land described as Plot No. 56 Block D situate at Jumapo, declaration that the defendants were estopped from claiming ownership of the said land, per…

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