Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NANA ADDAI OWUSU
V.
NANA AFARI BOAGYAN II AND OSEI BONSU ROYAL MICHAEL

(2021) JELR 109052 (HC)    
High Court  ·  HI/07/2020 ·  17 Mar 2021 ·  Ghana
CORAM
CECILIA SOWAH J.A. (PRESIDING), ANTHONY OPPONG J.A., ANGELINA MENSAH-HOMIAH J.A

Ratio Decidendi

Core Terms Beta
land
appellant
2nd respondent
chief of obo
nana asiamah
chief of nkawkaw
chief of obomeng
learned trial judge
obo stool
respondents
then chief of obo
obomeng stool
trial court
acquisition of the land
pieces of evidence
supreme court
appellant’s case
appellate court
declaration of title
high court
ownership of the land
purposes of this judgment
weight of evidence
1st respondent’s linguist
amanfrom-nkawkaw
assurance 1st respondent
behalf of obomeng stool
claim of appellant
disputed land
district court
holdings of the trial court ought
instant appeal
instructions of the chief of obo
judgment of the trial
judgment of the trial court
police station
portion of the appellant
practicing fetish priest
reaction of 1st respondent
recovery of possession
result of the appellant
second time
summary of the facts of the case
trial of the case

JUDGMENT 

ANTHONY OPPONG, JA 

On or about 3rd April, 2013, the plaintiff/appellant, to be simply called appellant for  purposes of this judgment, caused a writ of summons to issue against  defendants/respondents who shall also for purposes of this judgment be simply  called respondents. 

By way of reliefs, the appellant sought declaration of title and recovery of possession  of all that building plot No (1) situate at Amanfrom-Nkawkaw, damages for trespass  and an injunction against the respondents. 

The respondents traversed the claim of appellant and joined issues with him. After  the trial of the case by the High Court, Nkawkaw, appellant’s case was dismissed,  hence this appeal which is expressive of appellant’s dissatisfaction of the judgment  dismissing his claim. 

For now it may be apposite to attempt a summary of the facts of the case. The appellant  acquired the disputed land from the then chief of Obo called Nana Asiamah in 1983.  After the land had been demarcated to appellan…

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