Ratio DecidendiRatio Decidendi



NANA AMPAA-ANDOH VIII (SUBSTITUTED BY ALBERT KOBINA KOOMSON)
V.
PARAMOUNT STOOL OF BREMAN ESSIAM (SUBSTITUTED BY NANA EFUWA ESIWA II) KOBINA MENSAH (SUBSTITUTED BY NANA ATTA KWAW IV) NANA OGUAMON ATWERE II (SUBSTITUTED BY EBUSUAPANYIN KWAME DOM)(SUBSTITUTED BY NICHOLAS SAM) AND ENYAN DENYIRA STOOL, BREMAN ESSIAM STOOL AND EJUMAKO STOOL

(2018) JELR 65427 (SC)    
Supreme Court  ·  CIVIL APPEAL NO.; J4/47/2017 ·  13 Jun 2018 ·  Ghana

Ratio Decidendi

Core Terms Beta
proceedings
high court
plaintiff
court
case
court of appeal
enyan denkyira
enyan denkyira stool
appeal
paramount stool of enyan denkyira
trial judge
1st claimant
breman essiam
judgment of the high court
cape coast
disputed land
enquiry no
judgment of the court of appeal
stool lands boundary settlement commission
trial court
1st defendant
alhaji m. a. mustapha j
anapaa land
attention of the court
beatrice agyeman-bempa j
breman essiam side of the boundary
breman essiam stool lands
civil procedure
clear indication
co-defendant
common boundary
course of the cross-examination of the plaintiff
cross-examination
decision of the high court
determination of the main issue of ownership
disputed land lies
favour of the defendants
g.m. quaye j.
grounds of substantial errors of law
nsona family of enyan denkyira
paramount stools
provisions of the statutes
real issue
respect of suit no. ls
separate identities of the cases
statement of defence
suit no ls
summary of the background of the case
survey instructions

JUDGEMENT

PWAMANG, JSC

This is an appeal against the judgment of the Court of Appeal sitting at Cape Coast dated 23rd February, 2016 which set aside the judgment of the High Court and ordered a retrial. The High Court gave judgment in favour of the defendants/respondents/appellants against the plaintiff/appellant/respondent and the co-defendant. In this judgment we shall refer to the parties by their descriptions in the trial court.

A summary of the background of the case is as follows; In 1977, in Suit No LS 25/77 the plaintiff on behalf of himself and his family, the Nsona Family of Enyan Denkyira, caused to be issued a writ of summons against the defendants endorsed with a claim of declaration of title to land commonly called "ANAPAA land" situate at Enyan Denkyira in the Central Region and for damages for trespass. The plaintiff sued the defendants because they laid claim of ownership to the disputed land. The 1st defendant was sued through its occupant and 2nd defendant hails from B…

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