Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



JIBRIL MAHAMA
V.
AKWASI MENSAH

(2018) JELR 65594 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/57/2018 ·  21 Jun 2018 ·  Ghana
CORAM
F. G. KORBIEH JA (PRESIDING), E. K. AYEBI JA, CECILIA H. SOWAH JA

Ratio Decidendi

Core Terms Beta
high court
trial judge
statement of defence
appellant’s motion
case of the defendant
first leg of the application
amended statement of defence
third party
plaintiff
statement of claim state
amendment of writ
defendant
accompanying statement of claim
said plot of land
party grant
subsequent paragraphs
trial of the case
view of the amended statement of defence
sharp vrs wakefield
facts of the case
piece of land
admission of his claim
written submission of the plaintiff
patent miscarriage of justice
remaining balance of gh
necessary land documents
proposed amendment
amendment
exercise of its discretion
proposed amended statement of defence
purchase agreement
such order
trial court
admission of the truth of a fact
paragraph
nkrumah vrs serwah
material allegations of fact
plaintiff’s motion
admission
new lawyer proceeding
ground of opposition
general practice
civil procedure
ruling of the trial judge
grant of the motion
court
rule
wrong principle

JUDGMENT

AYEBI, JA

1. The issue to resolve in this appeal is whether or not the trial judge exercised his discretion properly when he heard the defendant/appellant’s motion for leave to amend the statement of defence which was later in time to the plaintiff/appellant’s motion for judgment on admission.

2. In the suit itself the plaintiff/appellant (hereinafter referred to as plaintiff) sued for a declaration of title to a piece of land situate and lying at Dome Pillar 2 Transformer Junction, an order for specific performance, perpetual injunction, recovery of possession and costs. In the accompanying statement of claim, plaintiff pleaded at paragraph 4 that:

“Plaintiff avers that it was a term of the sale and purchase agreement he entered into with defendant that he was to pay GH¢40,000.00 to defendant whilst the remaining balance of GH¢30,000.00 “shall be paid after the transfer” of the necessary land documents”.

3. The subsequent paragraphs in the statement of claim state that despite th…

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