Ratio DecidendiRatio Decidendi



ERIC KOFI BOATENG
V.
KWADWO OPOKU AND KOFI BASOAH

(2021) JELR 108973 (CA)    
Court of Appeal  ·  H1/49/2021 ·  27 May 2021 ·  Ghana
CORAM
ANGELINA M. DOMAKYAAREH (MRS.) J A (PRESIDING), ALEX B. POKU ACHEAMPONG, J A, SAMUEL K. A. ASIEDU J A

Ratio Decidendi

Core Terms Beta
defendant
appellant
plaintiffs
court
grounds of appeal
appeal
notice of appeal
trial judge
additional grounds
statement of claim
supreme court
trial court
additional grounds of appeal
appellate court
instant appeal
leave of the court
completion of the ground floor
members of the plaintiffs
respondents’ family
unenforceable provision
abuse of court process
abuse of the court
back of these grounds of appeal
basis of the submission
breach of the agreement
breach of the contract
case of the plaintiffs
claims of the plaintiffs
conclusions of the trial judge
construction of the ground floor stores
court hold
date of the judgment
documentary evidence
duty of an appellate court
entire record of appeal
expiration of the said term
following issues
full trial
high court
host of other cases
illegal portion
illegal way
judgment of the high court
public policy
said property
uk visas
written submission of his case

JUDGMENT

DOMAKYAAREH (MRS.), JA

[1] We have before the court, an appeal against the judgment of the High Court, Commercial  Division, Kumasi dated 24th January, 2019. The Plaintiffs/Respondents instituted the action  at the trial Court on 30th May 2017 against the Defendant/Appellant herein, claiming the  following reliefs: 

a. Recovery of the land as well as the building thereon known as House No. Block 39,  Plot 1, Ahodwo – Kumasi 

b. An order from the Honourable Court directing the Defendant to render accounts on  the said property 

c. General damages for breach of the Agreement between the parties and the lease  Agreement of 18th August,1999 

d. Costs including lawyer’s fees. 

Facts: 

[2] In the Statement of Claim accompanying the Writ of Summons, the  Plaintiffs/Respondents averred that they were beneficial interest owners of the property  known as House No. Block 39, Plot 1, Ahodwo, Kumasi while the Defendant/Appellant is a  Contractor based in Kumasi. The Plaintiffs/Respondents ave…

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