Ratio Decidendi



FRED TETTEH
V.
J.C. MACARTHY & ANOR.

(2006) JELR 63809 (CA)    
Court of Appeal  ·  COURT OF APPEAL NO.: H1/318/2005 ·  21 Jul 2006 ·  Ghana
CORAM
AKOTO-BAMFO [MRS.] JA. [PRESIDING], OSEI J.A., DOTSE J.A.

Ratio Decidendi

Core Terms Beta
plaintiff
judgment
2nd defendant
defendant
high court
notice of intention
appeal
kwabena nketia
1st defendant
solicitor
25th april
messrs onimpa akuoku
trial court
12th november
entire process
notice of change of solicitors
payment of costs
substituted 2nd defendant
trial judge
abundance of caution
address of service
brief decision of the court
burial service
civil procedure
following facts
following reliefs
following terms
greater accra region of the republic of ghana
high court civil procedure rules
months notice
notice of legal arguments
office of the 2nd defendant
onimpa akuoku
order of extension of time
parcel no.1 block
parcel of land
personal representative
plaintiffs claim
proceedings of the suit
record of appeal
recovery of possession of the said land
ruling of the high court accra
said kwabena nketia
said writ of summons
set aside
supplementary affidavit
then defendant
typical illustration of the principles of law
vitashie adukpo

DOTSE J.A.: This is an appeal against the Ruling of the High Court Accra, dated 12th November 2004. Out of abundance of caution, I will set out in extenso the brief decision of the court as appears on page 96 of the record of appeal.

'The application for substituted and setting aside the Judgment against the Defendant shall be granted as prayed. Subject to the payment of Costs of ¢10,000,000.00 to be paid on or before the 13 - 12 - 04. The case is adjourned to 13 - 12 - 04 from day to day for hearing"

This is the Ruling that has been appealed against.

BRIEF FACTS

In this appeal, the Plaintiff/Respondent hereinafter referred to as the Plaintiff claimed against the then Defendant/ Appellant hereinafter referred to as the 1st Defendant/Appellant, the following reliefs:-

"The Plaintiffs claim is for all that piece and parcel of land in extent 0.173 hectare (0.428 of an acre) more or less being parcel No.1 Block 5 section 24 situated at Osu (Christiansborg) in the Greater Accra Region of the …

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