Ratio Decidendi


(1973) JELR 63816 (HC)    
High Court  ·  20 Oct 1973 ·  Ghana
Other Citations
[1974] 1 GLR 16

Ratio Decidendi

Core Terms Beta
interim injunction
interim order of injunction
breach of the peace
learned magistrate
plaintiff’s claim
administration of lands act
administrator of stool lands
akim oda
exhibit c
plaintiff’s stool
akim kotoku area
disputed area
forestry departments
inherent right of a stool occupant
lands department
plaintiff’s application
senior lands officer
strong prima facie case
above area
akim kotoku area claims
application of the plaintiff-respondent
appropriate governmental authorities
brief facts of this case
concessions act
district court
following grounds
following relief
following ruling
inherent right
inspection of your illegal timber operation
interlocutory injunction
lands departments
legal effects of exhibits
number of timber trees
plaintiff’s stool land
present appeal
proper case
record show
respect of timber
ruling of the district court grade
status quo
subsequent action of the forestry department
timber concession
trial court arguments
vested title

EDWARD WIREDU J.: This is an appeal from the ruling of the District Court Grade I, Akim Oda, dated 23 August 1973. In that ruling the district court on the application of the plaintiff-respondent (who shall hereafter be referred to simply as the plaintiff) granted an interim order of injunction restraining both the plaintiff and the defendant-appellant (who shall also hereafter be referred to in short as the defendant) from interfering or dealing in any way with a number of timber trees felled by the defendant.

The brief facts of this case may be summarised as follows. The plaintiff is the ohene of Bontodiase in the Akim Kotoku area and the defendant is a concessionaire operating a timber concession in an area abutting the plaintiff’s stool land. The facts on record show that in the course of the operations the defendant felled some logs in an area which was subsequently detected to lie outside the area of his concession. This area on the undisputed evidence fell within an area being c…

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