Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NII OTU AKWETEY IX & ORS.
V.
SETH OTU OKLEY & ORS.

(2019) JELR 63723 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/168/18 ·  28 Feb 2019 ·  Ghana
CORAM
V.D. OFOE J.A (PRESIDING), B.F. ACKAH-YENSU J.A, I. O. TANKO AMADU J.A

Ratio Decidendi

Core Terms Beta
court
defendants
trial court
plaintiffs
trial judge
subject matter
interlocutory injunction
learned high court judge
pertinent issues
grounds of appeal
legal rights
status quo
exercise of its discretion
interlocutory appeal
learned trial judge
ownership rights of the katamanso stool
third parties
written submission
additional grounds of appeal
appellants’ submissions
balance of the equities of the parties
convenient manner
due publication of the application
examination of the defendants grounds of appeal
exercise of that discretion
following reliefs
following words
full trial of the substantive case
further grounds of appeal
land certificate no.td
land division
legal principles
order of this court order injunction
perpetual injunction
plaintiffs’ allegation
plaintiffs’ averments
plaintiffs case
plenary trial process
question of law
reason of his conduct
recovery of possession of all lands
respect of this case
ruling of the high court
said application
significance of rule
such further grounds
trial court’s ruling
warrant grant
weight of evidence


ACKAH-YENSU, JA: This is an interlocutory appeal from the Ruling of the High Court (Land Division) Accra dated 22/11/2017.

BACKGROUND FACTS:

The summary of facts giving rise to the Appeal is as follows:

By an Amended Writ issued on 22/5/2017, the Plaintiffs (Respondents herein) claimed from the Defendants (Appellants herein) the following reliefs:-

“a) A declaration that the registration of the Statutory Declaration of the 1st and 2nd Defendants was fraudulent.
b) Recovery of possession of all lands fraudulently disposed of by the Defendants.
c) An order directed at the Lands Commission to expunge from its records the said registration and restore such lands to the Katamanso Stool.
d) Perpetual injunction restraining the 1st and 2nd Defendants from alienating disposing of or dealing with the said parcels of land in any way inconsistent with the ownership rights of the Katamanso Stool.
e) Costs”

In their Statement of Claim, the Plaintiffs traced their interest in the subject matter by pleading…

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