Ratio DecidendiRatio DecidendiRatio Decidendi


(1962) JELR 69561 (HC)    
High Court  ·  5 Feb 1962 ·  Ghana
Other Citations
[1962] 1 GLR 54

Ratio Decidendi

Core Terms Beta
kumasi municipal council
lands department
easement of light
mandatory injunction
said lane
common law
exclusive right of way
right of way
commissioner of lands
plaintiff claims
plaintiff’s claim
right of light
third party notice
apaloo j.
behalf of the commissioner of lands
behalf of the government of the gold coast
conduct of the plaintiff
consent of counsel
contention of an acquisition of an easement
direct evidence
evidence of the lands department
exhibit a. mr. obuobisa
grant of any estate of the lane
health superintendent of the kumasi municipal council
implication grant
kumasi town council ordinance3
learned authors of smith
little help
main facts of this case
mr. a. chedid
mr. a.w. vanderpuye
old town section b
open spaces
perpetual injunction
plaintiff’s right
plots o.t.b.130
presence of the parties
said deed
said structure
sketch plan of the area
subsequent owners
such vesting
town planning officer
unspecified time
virtue of the prescription act


By his writ issued out of this court on the 28th of May, 1960, the plaintiff claims against the defendant a mandatory injunction to pull down all that store constructed on the lane between Plots O.T.B.130 and 489 and a perpetual injunction to restrain the defendant and her agents from trespassing or in any manner interfering with the plaintiff’s right of way and light over the said lane.

The main facts of this case are not in dispute. The plaintiff is the lessee of the premises situate and known as plot No. 130, Old Town Section B, Kumasi. That building is a shop and opens on to Lebanon Street. Adjacent to the plaintiff’s said building, is another building known as plot 489 O.T.B., the title of which is derivatively vested in Mr. A. Chedid. The latter sued jointly with the plaintiff but has since discontinued. Between these two buildings, is a lane which runs from Guggisberg Road to Lebanon Street. By a deed dated the 1st of October, 1938, the Commissioner of Lands acting on …

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