Ratio Decidendi



OHENEBA KOFI DURO
V.
KWAME MANHYIA

(2003) JELR 63486 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO.54/99 ·  20 Nov 2003 ·  Ghana
CORAM
MISS OWUSU J.A., (PRESIDING), OSEI J.A., QUAYE J.A

Ratio Decidendi

Core Terms Beta
defendant
respondent
evidence
trial judge
customary law
subject of a pledge
declaration of title
disputed land
said land
favour of the plaintiff
land of serwaa akoto
piece of land
redemption of the land
stool land of abodwese
trial
trial court
failure of the appellant
high court
kwabere kenyase stool land
learned author
odumanafo stool land
plaintiff of the said sum
traditional evidence
above principle of native law
appellant of the respondent
brief facts of that case
court of appeal decision
crux of the action
decision of the high court
decision of the trial judge
family ownership of the subject property
material family
name nana adwapa
nana antwi kofi
ownership of the defined subject land
own family
period of the pledge
predecessors of the respondent
property of plaintiffs
purported pledge
right of a pledgor
said piece of property
second finding
successor of the late nana kofi duro
such judgment
time of the existence of the pledge
unchallenged evidence of the respondent

QUAYE J.A.

This appeal is from the decision of the High Court, Kumasi, given on 30th May, 1996 in favour of the plaintiff/respondent (herein called the respondent), By his writ of summons filed on 3rd June, 1985 the respondent herein endorsed a claim for"

(a) a declaration that all piece of land situate at a place known and commonly called BESEHO AHOREYE at Aburom near Saman on Kwabere Kenyase Stool land and having boundaries with Odumanafo Stool land, Saman Dikro's farm land, Opanin Asuria of Konkodie's land, the land of Serwaa Akoto and the Stool land of Abodwese and measuring about 50.59 acres more or less........is property of plaintiffs material family

(b) .........a declaration that the land described........above was the subject of a pledge by the plaintiff's predecessor Kofi Duro for the sum of four pounds thirteen shillings £4.13/-

(c) An order against the defendant for the redemption of the land described ....above by the payment to the defendant by plaintiff of the said sum of …

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