Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OBAAPANYIN ADJOA NYARKOA
V.
KWABENA DARKO AND 3 OTHERS

(2017) JELR 69606 (CA)    
Court of Appeal  ·  CIVIL APPEAL: NO: H1/24/2016 ·  12 Jul 2017 ·  Ghana
CORAM
ADJEI J.A. (PRESIDING), SOWAH J.A., MENSAH J.A.

Ratio Decidendi

Core Terms Beta
capacity
family
head of family
family property
defendants
general rule
head of a family
principal members
trial judge
appeal
behalf of the family
knowledge of the family
notice of appeal
trial court
case of the plaintiff
high court
j. a.
ordinary members of the family
principal member
respect of family property
special circumstances
statement of claim
weight of the evidence
additional grounds of appeal
authority of a person
cecilia h. sowah
civil procedure
conclusions of the trial judge
decision of the trial court
duty of the appellate court
family land
following grounds of appeal
fundamental issue of the ownership of the land
general principle
good reason
head of plaintiff
interested party
judgment of the circuit court
judicial decisions
lack of capacity
legitimate reason
merits of the grounds of appeal
particular case
plaintiff's capacity
question of capacity
receipt of the record of proceedings
statement of case
supreme court
trial circuit court

SOWAH, J.A.

This is an appeal from the judgment of the Circuit Court, Nsawam, dated 11th May 2015. By that judgment, the trial Circuit Court dismissed the case of the Plaintiff/Appellant on the grounds that she lacked the capacity required to bring an action for declaration of title to, and recovery of possession of the “family land” which was the subject of the Suit.

The notice of appeal which is dated 1st June 2015 has the following grounds of appeal:

1. The judgment is against the weight of the evidence;
2. The trial judge erred in not considering the case of the Plaintiff at all;
3. Additional grounds of appeal will be filed upon receipt of the record of proceedings.

It is also noted for the record that no other grounds of appeal were filed as had been intimated in the Notice of appeal.

Also, on the 6th January 2017, the appellant filed written submissions [wrongly titled ‘Statement of Case’] arguing the two grounds of appeal. However, the record does not show that the defendants/respond…

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