Ratio DecidendiRatio Decidendi



OBOSU AND ANOTHER
V.
MUSA AND ANOTHER

(1987) JELR 69589 (HC)    
High Court  ·  13 Apr 1987 ·  Ghana
 · 
Other Citations
[1992] 1 GLR 333
CORAM
KPEGAH J.

Ratio Decidendi

Core Terms Beta
court of appeal
practice of the old court of chancery
high court
cross-appeal
stay of proceedings
said judgment
brief facts of the instant case
courts
court of the existence of a state
basis of the jurisdiction
important point
different jurisdictions
kpegah j.
statement of eve j.
previous suit
plaintiff
plea of lis alibi pendens
instant case
defendant
first plaintiff
determination of the appeal
above statement of the law
first defendant
support of the application
action
record of proceedings
concurrent action
statement of claim
baidoo j.
jurisdiction
second defendant
decision of the superior court
learned trial judge
relevant appeal
judgments
court stay proceedings
lower court
cause of action
plea of res judicata
suits
ancillary reliefs of recovery of possession
superior court
prima facie
present suit
district court
cases
matter of fact
final decision

KPEGAH J.

I will preface this my ruling with a statement of Eve J. in the case of Cohen v. Rothfield [1919] 1 K.B. 410 at 416, C.A. as follows:

“To restrain a man from proceeding with an action which prima facie he has a right to bring and prosecute is, as was pointed out by Fletcher Moulton L.J. in In re Connolly Brothers ([1911]1 Ch. 731 at 746), a very serious thing, but it is not disputed that there is jurisdiction to make the order, the basis of the jurisdiction being that it is a jurisdiction in personam and has nothing to do with any conflict between the tribunals.”

I will supplement the above statement of the law with another one, this time, from Jessel MR. in the case of McHenry v. Lewis (1883) 22 Ch.D. 397 at 400, C.A. The Master of the Rolls was dilating on the jurisdiction to put a plaintiff to his election where he has instituted two suits within the same jurisdiction against the same defendant for the same remedies. He said:

“In this country, where the two actions are by th…
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