Ratio DecidendiRatio Decidendi



JESUS IS EVERGREEN, JOHN OWUSU ANSAH AND PORTIA OWUSU ANSAH
V.
FIRST ATLANTIC BANK LTD.

(2018) JELR 65620 (CA)    
Court of Appeal  ·  SUIT NO: H1/04/2018 ·  17 Apr 2018 ·  Ghana
CORAM
ADUAMA OSEI J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.

Ratio Decidendi

Core Terms Beta
court
counsel
case
plaintiff
appeal
trial judge
defendant
rules
record of appeal
party
high court
civil procedure
discretionary power
honourable court
instant case
ruling of the high court
undue delay
abban j.a.
absence of his lawyer
change of judges
chief justice
cross-examination
default position of the trial courts
defence counsel
defendants’ case
discretion of the trial court
exercise of this discretion
following reliefs
following terms
good reason
grant of an application
grant of leave
much earlier stage of the proceedings
new counsel
notice of his challenges
phone call
primary concern of the administration of justice
request of a party
sitting judge
substantial miscarriage of justice
virtue of absence of parties

JUDGMENT

WELBOURNE, JA

This appeal is by the Defendant/Appellant against the ruling of the High court dated 20th September 2016.

The Background

This action commenced with the Plaintiff filing a suit claiming the following reliefs:

a. An amount of six hundred and forty eight thousand, five hundred and fifteen Ghana cedis twenty five pesewas (GHC648,515.25) being the amount outstanding in respect of the facilities granted to the 1stDefendant.

b. Interest on the said sum upon the terms of the facilities, from 14th March, 2014 till date of final payment.

c. In addition to or in the alternative,an order for judicial sale of 2ndDefendant’s landed property contained in the Deed of Mortgage and the fleet of trucks.

d. Costs.

The Defendant entered appearance and filed a Statement of Defence which was amended. The Plaintiff testified through one James Yaw AduMensah, a Deputy Manager. He ended his evidence in chief on 23rd July, 2015 and was cross-examined and discharged on 18th January, 2016. At that po…

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