Ratio DecidendiRatio DecidendiRatio Decidendi



OPANIN OSEI KWAME
V.
KWADWO DWEMOH

(2021) JELR 108993 (CA)    
Court of Appeal  ·  H1/31/2021 ·  27 May 2021 ·  Ghana
CORAM
ANGELINA M. DOMAKYAAREH (MRS.) J A (PRESIDING), ALEX B. POKU ACHEAMPONG J A, SAMUEL K. A. ASIEDU J A

Ratio Decidendi

Core Terms Beta
section
respondent
defendant
plaintiff
hearsay evidence
witness
father
trial
evidence
evidence of dw1
cross-examination
hearsay evidence
mental condition
record of appeal
want of opportunity
common parlance
credibility of the declarant
evidence of a statement
said property
trial judge
truth of the matter
amended statement of defence
amended statement of defence
basis of the claims of the plaintiff
behalf of the defendant
case of the plaintiff
court proceedings
decision of the trial high court
disputed land
headings of the respective written submissions
hearing of this matter
interlocutory appeal
james danquah of jensukumah mpasaaso
learned author
leave of the court
new defendant
opanin osei akwasi
order of perpetual injunction
original defendant
piece of evidence
practical example
properties of opanin huhuamoah
reasonable notice
record of appeal
response of counsel
ruling of the high court
said opanin osei akwasi
statement of defence
trial of the case
unavailable witness

JUDGMENT

DOMAKYAAREH (MRS.), JA

[1] This is an interlocutory appeal against the Ruling of the High Court, Kumasi, dated 5th March, 2018. We note that as per the Writ of Summons at page 1 of the Record of Appeal, the Statement of Claim at page 3 of the Record of Appeal, the Amended Statement of Defence and Counterclaim at page 78 of the Record of Appeal and the Notice of Interlocutory Appeal at page 138 of the Record of Appeal, the Defendant therein is one OPANIN OSEI AKWASI later substituted by BADU DANKWAH also known as James Danquah of JENSUKUMAH MPASAASO. Indeed, throughout the trial, the Defendant was always the said OPANIN OSEI AKWASI. Somehow, from the cover page of the Record of Appeal and the Headings of the respective Written Submissions filed on behalf of the Defendant/Appellant and the Plaintiff/Respondent the original Defendant /Appellant has changed to OPANIN OSEI KWAME. We want to believe that this new Defendant/Appellant is a mistake and we therefore admonish…

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