Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



KWARTENG
V.
DONKOR

(1962) JELR 69832 (HC)    
High Court  ·  25 Jan 1962 ·  Ghana
 · 
Other Citations
[1962] 1 GLR 20
CORAM
APALOO J.

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
agreement
case
influence
public policy
question
stool
conclusion
kwaku dua
kwame sei
opinion
plaintiff’s nephew
transaction
influential member of the c.p.p.
pursuance of an illegal contract
relation
absolute comfort
burrough j.
circumstances
circumstances money
defendant’s reply
destoolment of kwaku dua
election of kwame sei
exceptions of this rule
exhibit
exhibit a
facts
financial considerations
framing destoolment charges
handsome present
important question
king-makers of the agogo stool
member of the kronkomase
own admission
owusu afriyie committee of enquiry
part
part of the agreement
part of the illegal purpose
public stool of a man
pursuance of the contract
result of an act
right course
rival candidate
slightest hesitation
submission of counsel
substantial part of the agreement
unscrupulous individual
witness box

APALOO, J.

[His lordship referred to the facts and the agreement set out in the headnote and continued:] The plaintiff said that the defendant did not succeed in bringing the stool to his house and accordingly seeks by this action to recover the sum of £520, which the defendant on his own admission owed him. The defendant’s reply is that he had helped not only in getting Kwaku Dua destooled but also in electing Kwame Sei, the plaintiff’s nephew and a member of the Kronkomase ruling house as the Agogohene. Accordingly, the defendant contends that he has performed his part of the agreement and that the action did not lie.

Although the agreement (exhibit A) did not oblige the defendant to perform any act in relation to the destoolment of Kwaku Dua, I am satisfied that on the strength of it, the defendant helped in framing destoolment charges against Kwaku Dua and in fact testified against him before the Owusu Afriyie Committee of Enquiry which determined the charges against him.

In the resu…

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