Ratio DecidendiRatio Decidendi



OGYEEDOM OBRANU KWESI ATTA VI
V.
GHANA TELECOMMUNICATIONS COMPANY LTD. AND LANDS COMMISSION, CAPE COAST

(2019) JELR 69491 (CA)    
Court of Appeal  ·  NO. H3/66/19 ·  25 Mar 2019 ·  Ghana
CORAM
JUSTICE LAWRENCE L. MENSAH J.A. (PRESIDING), JUSTICE ANGELINA M. DOMAKYAAREH (MRS) J.A., JUSTICE PATIENCE MILLS-TETTEH (MRS) J

Ratio Decidendi

Core Terms Beta
plaintiff
nib
court
counsel
directors
bank guarantee
perilous financial state
high court
single judge
bank of ghana
due deference
common seal
companies act
empirical evidence
huge capital support
inter alia
learned plaintiff’s counsel
national investment bank
press release
sum of money
supreme court
way of guarantee
above regulation
absence of company
application of the rule
argument of the defence
clear contravention of both section
common knowledge
daily running of the nib
defendants
execution of the said judgment
ex parte
favour of the plaintiffs
garnishee order nissi
guarantee bank
important thing
intituled bank of ghana press release
land of the plaintiff
orders of the single judge
regulations of the nib
repeat application
said ruling
seal of the company
sections of the companies act
support of the above argument
united kingdom

RULING

LAWRENCE L. MENSAH, J.A.

On the 27th day of February 2019, this court gave its ruling in favour of the Plaintiffs/Respondent/Applicant (hereinafter referred to the Plaintiff) against the 1st Defendant/Appellant/Respondent (who will be referred to as the 1st Defendant) that the sum of money ordered by this Court to be paid by the 1st Defendant to the Plaintiff by way of guarantee be released to the Plaintiff. We now give the reasons for the said ruling of the 27th of February 2019 aforesaid.

It is necessary to put this ruling into its proper perspective by rehearsing the facts briefly as follows: The Plaintiff brought an action against the Defendants at the High Court, Agona Swedru, claiming, inter alia a sum of money, for the 1st Defendant’s user of the land of the Plaintiff’s family. On the 10th of May 2017, the Plaintiff obtained judgment against the 1st Defendant in the sum of US$16,009,920.00. In execution of the said judgment, the Plaintiff obtained a garnishee order nissi ag…

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