Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DORA BOATENG
V.
MACKEOWN INVESTMENT

(2020) JELR 80037 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J4/12A/2019 ·  5 Feb 2020 ·  Ghana
CORAM
ANSAH, JSC (PRESIDING). DOTSE, JSC. MARFUL-SAU, JSC. DORDZIE, JSC. AMEGATCHER, JSC

Ratio Decidendi

Core Terms Beta
land
plaintiff
court of appeal
appeal
defendant
notice of appeal
kwame kissiedu kwaasi
grounds
additional grounds of appeal
second notice of appeal
grounds of appeal
weight of evidence
circuit court
head of family
naggesten farms
sole ground of appeal
land dispute
plot of land
acre land
acre plot of land
analysis of the grounds
apex court
binding decision of the supreme court
centre of this land dispute
circuit court judgment
civil case
concurrence of the principal members of that family
decision of the court of appeal
entire family
facts of her case
final court
first sale
following words
formulation of the second ground of appeal
further appeal
intermediate appellate court
mckeown investment’s limited case
passage of the land title registration act
plaintiff claims
plaintiff’s grantor
relief of declaration of title
said family
said kwame kissiedu kwaasi
special leave of this court
trial circuit court
trial court’s decision

AMEGATCHER, JSC

The events leading to this appeal which has ended up at the apex court started its journey from the Circuit Court, Koforidua. Being a civil case, its upward movement was routed on appeal to the Court of Appeal. The parties wishing to take full advantage of all the legal avenues open to them did not end the journey at the intermediate appellate court. The fight continued by invoking our appellate jurisdiction as the final court in the land, hopefully to give this land dispute its quietus. One gentleman called Kwame Kissiedu Kwaasi is at the centre of this land dispute. The actual role the said Kwame Kissiedu Kwaasi played and his legal capacity will be a determinant factor in this appeal.

For Dora Boateng, the plaintiff, the facts of her case from the record reveal that she bought a 20 acre plot of land situate at Okorase near Koforidua from Kwame Kissiedu Kwaasi, who described himself as the Head of Family and lawful representative of the Kissiedu Kwaasi Family of a sect…

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