Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



JOSEPH ODOI
V.
NII OMAN TAIN CLOTTEY AND 4 OTHERS

(2019) JELR 65750 (CA)    
Court of Appeal  ·  CIVILAPPEAL NO. H1/41/2018 ·  28 Mar 2019 ·  Ghana
CORAM
C. J. HONYENUGA JA (PRESIDING), C. H. SOWAH (MRS.) JA, A. POKU-ACHEAMPONG JA

Ratio Decidendi

Core Terms Beta
high court
decision of the high court
kojo ashong
trial judge
evidence of family history
supreme court
following grounds
appellants’ counterclaim
learned judge
kojo ashong lands
weight of evidence
trial court
duty of counsel
instant case
c. j. honyenuga
legal arguments
j. a.
appellate court
obutu wing of the okaidja family
defendants
judgment of the court
appeal
perusal of the grounds of appeal
nephew okaidja
plaintiff
a. poku-acheampong
findings of fact
plaintiff’s ancestor
c. h. sowah
clear evidence
lower court
court of appeal
grounds of appeal
kwame nkrumah
following villages
plaintiff’s family
first defendant
collection of tolls
legal issues
judgment of the trial court
first ground of appeal
wesleyan methodist church

JUDGMENT

HONYENUGA, JA

The High Court, Accra, entered judgment for the Plaintiff/Respondent on the 28th day of April, 2004, but dismissed the Defendants/Appellants’ counterclaim.

Aggrieved by the decision of the High Court, the defendants have filed an appeal to this Court on the 5th day of May, 2004, based on the following grounds:-

“(i) The judgment is against the weight of evidence.
(ii) The learned Judge erred in not considering evidence of family history led by the defendant”.

No additional grounds were filed.

In this appeal, the Plaintiff/Respondent will be simply referred to as the Plaintiff and the Defendants/Appellants as the Defendants.

The facts serving as the background to this appeal were that the plaintiff’s ancestor known and called Kojo Ashong acquired by settlement the lands known as “Kojo Ashong Lands”. Kojo Ashong also allowed strangers to farm on the land. Kojo Ashong married a Ga woman who brought a stepson called “Attuquaye” to live with them. During his old age and befo…

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