Ratio DecidendiRatio Decidendi



KWAKU ADJEI
V.
GOLDEN AGE COMPANY AND ERIC KWASI YEBOAH OF SUNYANI

(2021) JELR 108984 (CA)    
Court of Appeal  ·  H1/41/2020 ·  25 Mar 2021 ·  Ghana
CORAM
A. M. DOMAKYAAREH (MRS) J. A. PRESIDING, A. B. POKU-ACHEAMPONG, J. A., S. K. A. ASIEDU, J. A.

Ratio Decidendi

Core Terms Beta
action
conditional appearance
appeal
application
counsel
high court
interested party
trial judge
anin yeboah jsc
judgment of the high court
learned trial judge
plea of res judicata
procedural irregularities
substantial miscarriage of justice
civil procedure
civil suit
court of competent jurisdiction
grounds of appeal
root of the case
ruling of the court
whole case
above stated grounds
additional grounds of appeal
appellant’s main argument
applicant’s writ
avoidance of doubt
breach of the natural justice rule
civil proceedings
court proceedings
environmental protection agency
following reliefs
fundamental issue
honourable court
issue of fraud
large scale
legal effect
main arguments
netas properties
order of the honourable court
ruling of the high court
said motion
similar view
standard bank offshore trust
support of his position counsel
trial court
weight of affidavit evidence
writ of summons
writ set

JUDGMENT

POKU-ACHEAMPONG, J.A.

This appeal is against a ruling of the High Court, Sunyani dated 18th January 2018.  The grounds of appeal in the Notice of Appeal filed on 6/2/18 are as follows:  

a. The Learned Trial Judge did not exercise his discretion judicially. 

b. The ruling of the court was against the weight of affidavit evidence.

c. Having raised the issue of fraud, the Trial Judge was wrong in Law when he  determined the suit summarily. 

d. The Learned Trial Judge failed to consider adequately the issue or matter before the  Honourable Court. 

e. The ruling was tainted with procedural irregularities which said irregularities have  resulted in substantial miscarriage of justice as same goes to the root of the case/suit.

f. The Learned Trial Judge’s vision of the whole case was totally blurred and no wonder  therefore he arrived at a wrong conclusion. 

g. Additional grounds of appeal shall be filed upon the receipt of the certified true copy  of the ruling. 

Facts/background 

The Plain…

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