Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OGYEEDOM OBRANU KWESI ATTA VI
V.
GHANA TELECOM CO. LTD. & ANOR

(2021) JELR 107922 (SC)    
Supreme Court  ·  J8/37/2021 ·  31 Mar 2021 ·  Ghana
CORAM
YEBOAH, CJ (PRESIDING) OWUSU (MS.), JSC HONYENUGA, JSC AMADU, JSC KULENDI, JSC

Ratio Decidendi

Core Terms Beta
fresh evidence
applicant
court
appeal
new evidence
1st respondent
rule
interest of justice
court of appeal
due diligence
government of ghana
such evidence
1st respondent leave
abduction of fresh evidence
grant of leave
leave of this court
predecessor of the applicant
successful party
circumstances of this case
civil motion no. j8
judgment of the high court
present application
supreme court rules
acquired land
applicant’s predecessor
brief facts of this case
case law
c. j. honyenuga
considered opinion
credible evidence
critical examination of available records
decision of the court
exercise of reasonable diligence
following criteria
fresh evidence of the 1st respondent
further appeal
further evidence
grantee of the 2nd respondent
indication of the documentary evidence
instant case
language of sub-rule
lead opinion
logical inference
novel application
ordinary language of the rule
rare occasions
reason of stool lands
rebuttal of new evidence
subject matter of the dispute
unanimous decision

RULING

DECISION OF THE COURT BY MAJORITY

KULENDI, JSC

This Court on 30th July, 2020, by a unanimous decision, granted the 1st Respondent leave to adduce fresh evidence on Appeal. 

The brief facts of this case are that the 1st Respondent is the grantee of the 2nd Respondent. The Applicant issued a writ of summons against the Respondents for, among other reliefs, a declaration of title to land, an order for recovery of possession and special damages for trespass and unlawful possession. The 2nd Respondent in its Defence admitted that it had granted a lease to the 1st Respondent in good faith in the belief that the land, the subject matter of the dispute, formed a part of the larger area vested in the Government of Ghana by reason of Stool Lands (Efutu and Gomoa Ajumako Instrument, 1961 (E.1 206). The 2nd Respondent further stated that upon critical examination of available records, it had come to the realization that the land in dispute is not state-vested land as same falls outside the sub…

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