Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1996) JELR 69513 (CA)    
Court of Appeal  ·  12 Dec 1996 ·  Ghana
Other Citations
[1995-96] 1 GLR 672

Ratio Decidendi

Core Terms Beta
second defendant
first defendant
sergeant yeboah
state housing corporation
trial court
kwasi berchie
man-one house committee
learned judge
bona fide purchaser
exhibit b
opanin kwesi boakye
regional office
judicial decision
consent of the plaintiff
exhibit c
kwasi berkyie
own peril
purchase price
said house
weight of the evidence
beneficial owner of this house
bona fide purchaser of the property
case of the second defendant
clear intention
court’s findings
documents of title
good faith
high court
hire purchase basis
jacob asuama yeboah
legal advice
monthly rent
name of the first defendant
office of the state housing corporation
plaintiff’s case
plaintiff’s possession
purchase money
purported sale of house
relative of sergeant yeboah
relative of the second defendant
relatives of the second defendant
second defendant-appellant
state housing corporation’s reply
subsequent investigations
title of the house
true sense
wife of the first defendant


Madam Agyina Osumanu, the plaintiff-respondent (herein-after called the plaintiff) sued her husband, Atta Osumanu, the first defendant, and Jacob Asuama Yeboah, the second defendant-appellant (hereinafter called the second defendant), at the High Court, Kumasi by a writ of summons dated 28 February 1986. On the writ was indorsed the following reliefs:

(a). “A declaration that house No K 23, South Suntreso, Kumasi was jointly owned by the plaintiff and the first defendant herein.
(b). An order setting aside the purported sale of house No K 23, South Suntreso, Kumasi by the first defendant to the second defendant as being without the knowledge and consent of the plaintiff.
(c). An order for perpetual injunction to restrain the defendants, their servants, agents and workmen from interfering with the plaintiff’s possession of the said house.”

The plaintiff’s case as pleaded was as follows: She, a trader, and her husband, a driver, purchased this house in dispute on hire purchase ba…

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