Ratio DecidendiRatio DecidendiRatio Decidendi



MOHAMMED WOLLEY
V.
SALAMI FATAL

(2008) JELR 69556 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/233/2007 ·  22 May 2008 ·  Ghana
CORAM
ABBAN [MRS.] J.A. [PRESIDING], KANYOKE J.A., BAFFOE-BONNIE J.A

Ratio Decidendi

Core Terms Beta
appellant
respondent
evidence
learned trial judge
ledger
plaintiff
burden of persuasion
burden
learned judge
record
defendant
obligation of a party
sufficient evidence
course of plaintiff
cross-examination
defendant’s credibility
exhibits
grounds of appeal
reasonable doubt
weight of evidence
above sections of the evidence decree
additional grounds of appeal
appellant’s argument
appellant’s company
audio cassette
burden of proof
burden of proof states
business partners
combined effect of exhibit a
counsel’s argument
documentary evidence
evidence decree
evidential records
exhibit d
existence of the ledger
face of evidence
facts of this case
great lengths
judgment of the commercial court
lead ingot
mind of the tribunal of fact
parties
part of the evidence decree
personal capacity
plaintiff’s case
purposes of this decree
records of the transaction
said decree
tape recording

JUDGMENT

ABBAN [MRS.], J.A.

This is an appeal against the judgment of the Commercial Court, Accra delivered on the 17th April, 2007. The judgment went against the Defendant [hereinafter referred to as the Appellant] and being dissatisfied he has appealed to this court. Originally the Appellant filed four [4] grounds of appeal and was subsequently given leave by he court to argue five [5] additional grounds of appeal. In all, the following constitute his grounds of appeal inclusive of the additional grounds:—

i. Original

That the learned judge erred when she came to the conclusion that the Defendant was indebted to the Plaintiff for the sum of four hundred and fifty million cedis [¢450,000,000.00] in the face of evidence to the contrary.

ii. That the learned trial judge erred by allowing evidence that had the effect of impeaching the Defendant’s credibility in the course of Plaintiff’s evidence in chief.

iii. That the learned trial judge erred when she failed in the interest of justice to ap…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login