Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



JACOB NARH & ANOR
V.
VISION 2020 & ANOR

(2021) JELR 109061 (CA)    
Court of Appeal  ·  H1/32/2020 ·  17 Mar 2021 ·  Ghana
CORAM
Sowah, J.A. (PRESIDING) Oppong, J.A. Mensah-Homiah, J.A.

Ratio Decidendi

Core Terms Beta
court
appeal
motion
plaintiffs
default judgment
default of defence
grounds of appeal
trial judge
weight of evidence
points of law
chronology of events
2nd defendant
costs of gh
service of hearing notice
supreme court
whole case
1st august
appellate court
final judgment
fundamental issue
judgment of the trial court
legal points
set aside
witness statements
writ of summons
1st defendants’ employees
8th july
appellants' application
arbitrary action of the trial court
award of this cost
basis of the grounds of appeal
chief justice
consideration of the grounds of appeal
court judgment
defendant
defendants’ motion
estimated cost of the seized items
facts of the case
high court
interested parties
judgment of the circuit court
plaintiffs’ lawyer
present case
provisions of rule
record of appeal
rules of evidence
said judgment
stated recalcitrance of the defendants
suit a11/02/2015
wrong principles of law

JUDGMENT

SOWAH, J.A.

Introduction

This appeal is against the judgment of the Circuit Court, Odumase Krobo dated 29th April 2016 as well as the Ruling dated 30th January 2019 which dismissed the defendant/appellants' application to set aside the said judgment.

The grounds of appeal as amended on 9th December 2019 pursuant to leave are as follows:

  1. Both judgments are against the weight of evidence
  2. That the trial judge erred in law when he relied on wrong principles of law to refuse the application to set aside the judgment dated 29/04/2016

Particulars of Error 

a. The finding that the judgment of 29/04/2016 operated as estoppel as between the parties. 

b. The finding that the Court judgment in Suit A11/02/2015 on 29/04/2016 is not an interlocutory hence it is also not a default judgment.

To consider the grounds of appeal in proper context, it is necessary to state the facts of the case and the chronology of events from the time the plaintiffs filed their writ of summons on 1st August 2014 to the d…

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