Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



EMMANUEL AUGUSTUS ANTWI
V.
JANET SERWAH BOATENG

(2017) JELR 107834 (HC)    
High Court  ·  SUIT NO. GJ 1407/2016 ·  23 Jan 2017 ·  Ghana
CORAM
JUSTICE NOVISI AFUA ARYENE (MRS.)

Ratio Decidendi

Core Terms Beta
objection
jurisdiction
court
defendant
high court
judgment
jurisdiction of the court
rule
statement of defence
circuit court
courts act
criminal case
district court
earliest available opportunity
plaintiff’s land
supreme court
trial court
adjabeng district court
amasaman district court
appropriate court
chief justice
civil case
civil case report
civil procedure
default judgment
district court rules
fast track division
geographical region
greater accra region
high court judge
immediate ejectment of defendant
immovable property
interlocutory appeal
judicial divisions
lack of jurisdiction
learned author
only inference
perpetual injunction
practical approach
recovery of possession
ruling of the district court
set aside
site plans of the parties
sole reason
subject matter
trial courts

JUDGMENT

ARYENE (MRS.), J.

This is an interlocutory appeal from the ruling of the District Court, Adjabeng, Accra.  

Plaintiff (hereinafter referred to as the respondent) instituted an action against the defendant  (hereinafter referred to as the appellant) in the district court seeking the following reliefs: 

1. Recovery of possession and immediate ejectment of defendant from plaintiff’s land  situate and lying at Amamole, Accra. 

2. Perpetual injunction restraining defendant, her assigns, workmen, relatives, privies  from interfering with plaintiff’s land. 

3. Damages for unlawful entry and thereby preventing plaintiffs from developing the land.  

In the statement of defence filed on the 14th of January 2016, after the default judgment entered against the appellant had been set aside, the appellant contended that the land described in the indenture which the respondent was laying claim to in the statement of claim was situate at Amamoley within the Ga West Municipality and therefore the p…

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