Ratio DecidendiRatio Decidendi



NANA OKYEKU
V.
RUBBER PLANTATION GHANA LTD

(2021) JELR 108989 (CA)    
Court of Appeal  ·  H1/01/2020 ·  5 May 2021 ·  Ghana
CORAM
CECILIA H SOWAH JA (PRESIDING), ANTHONY OPPONG JA, ANGELINA MENSAH HOMIAH JA

Ratio Decidendi

Core Terms Beta
trespass
record of appeal
high court
akim oda
conditional probability
district court
first appellate court
palm trees
plaintiff’s land
rubber trees
trespassed area
acquisition of the large tract of land
appellant’s claim
approximate area
case of plaintiff
case of respondent
credible evidence
disputed land
effect of the admission of the trespass
factual basis of the case of respondent
favour of appellant
first appellant court
justice anthony oppong
large tract of land
learned trial magistrate
legal justification
likelihood of event a
likelihood of event b
operation of law
parcel of land
preponderance of the probabilities
recovery of possession
said grant
statement of claim
then government
then state farms corporation
topease methodist primary
trial of the case
virgin state
written submission

JUDGMENT

ANTHONY OPPONG JA

In June 2011, the Plaintiff/Respondent (to be referred to hereafter as respondent) sued  the Defendant/Appellant (to be also referred to hereafter as Appellant) in the District  Court, Akim Oda. The reliefs the respondent sought from the District Court were: 

“1. Recovery of possession of all that parcel of land situate lying and being  at Topease near Asamankese on Asamankese Stool  land bounded by the Asamankese- Kade motor road, on one side by  Nkodan stream, on one side by the property of the defendants and on one  side by Topease Methodist primary and JHS school; 
2. General damages of GH¢5,000 for trespass to plaintiff’s land herein” 

The factual basis of the case of Respondent by way of the pleadings has it that the land  originally belonged to Asamankese stool and same was acquired by Respondent’s  grandfather in its virgin state for farming purposes about hundred years ago.  Respondent’s family broke the virgin forest and cultivated cocoa and other food…

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