Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE REPUBLIC
V.
THE MANAGING DIRECTOR, STATE HOUSING CO. LTD. EX PARTE MRS M.Y.N. ACHIAMPONG

(2018) JELR 65309 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO: H1/36/2018 ·  19 Apr 2018 ·  Ghana
CORAM
GYAESAYOR J.A. (PRESIDING), ACKAH-YENSU J.A., SUURBAAREH J.A.

Ratio Decidendi

Core Terms Beta
order
company
contempt
appeal
case
trial court
behalf of the respondent
applicable law
high court
managing director
order of the court
state housing company ltd.
weight of the evidence
barbara ackah-yensu
civil procedure
criminal cases
legal person
necessary infrastructure
part of the trial judge
real estate developer
supreme court practice
trial judge
account shows
board of the company
common knowledge
contempt application
criminal liability of corporations
defendant of this judgment
deliberate disobedience of the court
development of no.
directing mind of the company
following grounds
legal entity
limited liability company
owner of the station montie fm
position of the respondent
procedural acts
respect of the ambiguous portion of the court
respondent hereafter
rules of more general application
ruling of the high court
speech of viscount haldane l.c.
state housing company ltd
such circumstances
trades union congress
trial judge’s order
view of the learned appellant

SUURBAAREH, J.A.

This is an appeal against the ruling of the High Court, Accra, dated 5th May, 2016. The appeal has been mounted on the following grounds, filed on 6th June, 2016:

“(a) The Ruling is against the weight of the evidence provided.
(b) The judge misdirected herself as to the applicable law to the case.
PARTICULARS OF DISDIRECTION
i. The trial judge misdirected herself by ruling that the trial judge’s order in the Judgment of 25th April, 2012 that ‘An order to the defendant to provide roads, drains and “any other necessary infrastructure to be provided by a Real Estate Developer by law to facilitate the development of No. 4 School Street, Teshie-Nungua Estate within six months upon the service on the defendant of this judgment.” is uncertain/ambiguous.’
ii. Again the trial court misdirected herself as to the applicable law to the case when she ruled to the effect that ‘partial’ performance of the order of the court is sufficient to satisfy the order for the application to be d…
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