Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 109060 (CA)    
Court of Appeal  ·  H1/35/2020 ·  10 Feb 2021 ·  Ghana
Sowah, J.A. (PRESIDING) Oppong, J.A. Mensah-Homiah, J.A.

Ratio Decidendi

Core Terms Beta
court of appeal
high court
writ of execution
limitations act
9th february
notice of intention
trial court
record of appeal
civil procedure
declaration of title
absence of plaintiffs
civil action
extension of the limitation period
extension of time
learned trial judge
statutory bar
time judgment
1st defendant
background facts
behalf of the plaintiffs
decision of the high court koforidua
defendants' right
family members
following cases
formal application
given period
grant of the application
grant of the leave
issue of a writ of execution
judgment of this court
judgments of the high court
nii odarkwei tuaka
oral application
order of perpetual injunction
parcel of land
plaintiff’s claims
respect of judgments
said enforcement
said order
study of the processes
substitution of a party
trial court’s reasons
trial high court



In this judgment I refer to the plaintiff/appellant as the plaintiff and the defendants/respondents as the defendants.

The plaintiff is appealing the decision of the High Court Koforidua dated 4th September 2019, granting leave to the defendants to issue a writ of execution in respect of judgments that the defendants obtained on their counter-claim from the trial High Court on 9th February 1990 and the Court of Appeal on 28th July 1994

Background Facts

On or about 30th May 1985, G.S. Anyetei for himself and on behalf of the Leshie family of Labadi, sued thirteen defendants at the High Court, Koforidua for declaration of title to a parcel of land, mesne profits and an order of perpetual injunction. 

After trial, the plaintiff’s claims were dismissed by Abakah J on 22nd December 1989. The reasons for his decision were however given on 9th February 1990. [See pages 79- 90 of the record of appeal]. 

The trial Court also held the defendants to have the capacity to counter-cla…

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