Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NANA OBIRI BOAHEN
V.
GOLDEN AGE COMPANY

(2021) JELR 109032 (SC)    
Supreme Court  ·  J4/64/2018 ·  29 Jul 2021 ·  Ghana
CORAM
DOTSE JSC (PRESIDING), BAFFOE-BONNIE JSC, MARFUL-SAU JSC, DORDZIE (MRS.) JSC, AMEGATCHER JSC

Ratio Decidendi

Core Terms Beta
judgment
court of appeal
1st defendant
high court
trial court
south new town
lands commission
lower courts
learned judges
grounds of appeal
additional grounds
concurrent findings of the lower courts
disputed plot
first appellate court
issue of estoppel
little saints educational complex
trial judge
4th defendants
abesim land
abesim stool land
additional grounds of appeal
appellant claims
judgment of the court of appeal
judgment of the high court
lower court
plot of land
sunyani stool land
trial of the case
weight of evidence
a. m. a. dordzie
appellant obtained judgment
building plots
evidence of the plaintiff
evidence receipts of the said payments
execution of the said judgment
high court sunyani
land commission
opanin boye
order of the court
original grounds of appeal
said judgment
subject matter of that suit
subject matter of this dispute
supreme court

JUDGMENT 

DORDZIE (MRS.) JSC

Facts 

The appellant herein Nana Obiri Boahen maintains he obtained judgment from the High  Court Wenchi in the case numbered E1/4/06 titled Nana Obiri Boahen v. Elder Kyere and   Others dated 11/3/2011. The subject matter of that suit consists of three separate pieces  of farmlands situated at Dominase on Abesim Stool land, Asufufu/Adomako on the  Sunyani Stool land and Dominase on Abesim land. Appellant claims he is the owner of  these farmlands. In the execution of the said judgment, the appellant entered and pulled  down buildings on the plot of land that is the subject matter of this dispute, erected  pillars, demarcated it into building plots which he had let out to developers who are  busily developing same. These developers are the 2nd 3rd and 4th defendants in this suit at  the trial court. The Respondent herein who claims ownership of the subject land sued the  appellant in the High Court Sunyani claiming the following:  

a) “A declaration that plai…

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