Ratio DecidendiRatio Decidendi



MICHAEL TONTOH
V.
AMMA.SERWAH KOTOKO TONTOH

(2013) JELR 63780 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/169/2011 ·  14 Mar 2013 ·  Ghana
CORAM
F. KUSI - APPIAH J.A. (PRESIDING), P.K. GYAESAYOR J.A. , I.O. TANKO AMADU J.A.

Ratio Decidendi

Core Terms Beta
property
rule
notice of claim
interpleader proceedings
grounds
west airport accra
learned high court judge
osibisa link
following words
high court
main house
plot no.
sc glr
trial judge
appellants notice of claim
determination of the claim
execution of a judgment
financial provision
house no.
mandatory requirements of order
notice of appeal
appellants recourse lie
case of salama v
civil procedure
determination of this case
dictum of lord
dispute h
following orders
grounds of law
high court judge
interlocutory appeal
judicial authority
notice of his interest
prayer of the respondent
propriety of the notice of claim
record of proceedings
registrar of the court
ruling of the high court
ruling of the learned trial judge
stage of the trial
subject matter of a divorce
supreme court
trial court
view of counsel

JUDGEMENT

TANKO AMADU J.A.

1.This interlocutory appeal is from the ruling of the High Court, Accra dated 10th February 2006. The background to this appeal is that; the property known as House No. 2 Osibisa Link, West Airport Accra or (Plot No. 234) is the subject matter of a divorce and matrimonial cause No. BDMC 23/2002 before the High Court, Accra.

2. On the 20th day of July 2005, Kofi Akwaah J. made the following orders in the substantive matrimonial cause.

"That the marriage between the parties in 1969 at the Accra Tema City Council Marriage Registry be dissolved.
I shall grant the prayer of the Respondent in part. Petitioner should stay in the 1st house near the gate, but should have unlimited access to the main house since he has things in there pending the hearing and determination of this case.............."

This order is contained in page 66 of the record of proceedings.

3. The Claimant/Appellant herein is not a party to the substantive suit but on the 17/11/2005 he caused to be fil…

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