Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MRS. MARGARET YAA NTIRIWA ACHIAMPONG
V.
OBAAPAYIN ABA YAA & ORS

(2020) JELR 80040 (SC)    

Supreme Court  ·  CIVIL APPEAL SUIT NO. J4/12/2018 ·  5 Feb 2020 ·  Ghana
CORAM
ANSAH, JSC (PRESIDING). DOTSE, JSC. MARFUL-SAU, JSC. DORDZIE (MRS), JSC. AMEGATCHER, JSC

Ratio Decidendi

Core Terms Beta
court
action
trial court
case
court of appeal
ground
high court
trial
leave of the court
following words
trial judge
appellate court
civil procedure
discretion of the judge
exercise of its discretion
first trial
interest of justice
opanyin atta kweku
rules
star newspaper ltd.
suit number
amended statement of claim
amended writ of summons
appellant’s great grandmother maame appiah
appellant’s reliefs
circumstances ground
consideration of the grounds of appeal
decision of the court
defendant’s position
disputed land
evidence of her witnesses
family members
family property
following steps
fresh step
house n0
import of the orders of the court
inherent jurisdiction of the court
legal principle
present appeal
ruling of the trial court
separate suits
stage of the proceeding
subject matter of the suit
supreme court rules
time of this inheritance
various caretakers
wording of order

DORDZIE (MRS.), JSC:

BACKGROUND

On 17 March 1995, the appellant herein commenced two separate suits in the High Court Cape Coast. The first is Suit Number 9/95, titled:

Margaret Yaa Ntiriwah Achiampong -------Plaintiff

V

Araba Adawoma

Anthony Andoh ----------------------- Defendants

Her claims in this suit as indorsed on the amended writ of summons are:

1. Declaration of title to the land distributed over 3 areas of Kwaadende as described in the amended statement of claim.

2. Mesne profits for cultivation the said land

3. General damages for trespass

4. Interim injunction against the defendants, their workmen and assigns

5. Perpetual injunction against the defendants, their successors and assigns.

The second is Suit Number 10/95 titled

Margaret Ntiriwah Achiampong -----------------------Plaintiff

V

1. Araba Adawwoma

2. Amma Nkrumah

3. Serwaah--)

4. Nana Kwabena 5. Kweku Dua ------- ) Defendants

The claims against these defendants are:

1. Declaration of title to House N0. 72 Assin Darmang

2. Ejection from…

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