Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OPANIN NANTWI ABABIO AND FRANCIS MANU BOATENG
V.
PASTOR NANA ADUSEI

(2018) JELR 65591 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J4/19/2014 ·  14 Mar 2018 ·  Ghana
CORAM
ADINYIRA (MRS) JSC (PRESIDING), DOTSE JSC, BAFFOE-BONNIE JSC, AKOTO-BAMFO (MRS) JSC ,APPAU JSC

Ratio Decidendi

Core Terms Beta
court
court of appeal
property
appellate court
trial court
trial judge
late kwasi boateng
lands commission
plaintiffs
findings of fact
circuit court
plaintiff’s family
bona fide property
case of the plaintiff
children of the late kwasi boateng
grant of letters of administration
ownership of the said house
said discovery
said house
said property
critical look
kumasi state
late kwasi boateng of sewua
preponderance of the evidence
weight of evidence
11-paragraph statement of claim
block 1x a
case of djin vrs
cases of fori vrs ayerebi
consideration of the totality of the evidence
correct principles
decision of the court of appeal
decision of the supreme court
defence case
defendant’s adverse claim
evidence act
facts of this case
family live
full trial
hereafter plaintiffs
judgment of the circuit court
legal justification
long undisturbed possession of the defendant
matter of fact
primary findings of fact
receipt of the record of appeal
such findings of fact
trial circuit judge

JUDGMENT

BAFFOE-BONNIE, JSC

This suit which was started in the Circuit Court, has come to us pursuant to leave granted by this court.

The facts of this case are quite settled and admit of little controversy.

The plaintiffs/respondents/appellants, hereafter plaintiffs, instituted this action in 2006 claiming as follows;

a. A declaration that both the legal and equitable interest in H/No, Plot 23 Block 1X A, Dadiesoaba, Asafo, Kumasi, forms part of the intestate estate of the late Kwasi Boateng, pursuant to a valid lease duly executed between the President of the Republic of Ghana in trust for the Golden Stool and the Kumasi state and the late Kwasi Boateng registered at Lands Commission as LS K.T.L. 504/61 bearing plan No. K.7026 dated the 1ST day of April, 1960.

b. Accounts

c. Permanent/perpetual injunction

d. Recovery of posession

In a 11-paragraph statement of claim, the plaintiff said that the property was acquired by his predecessor, the late Kwasi Boateng of Sewua, who had same registered…

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