Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ROSINA ARYEE
V.
SHELL GHANA LIMITED FRAGA OIL

(2013) JELR 65340 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/119/2012 ·  21 Nov 2013 ·  Ghana
CORAM
KUSI-APPIAH J.A. (PRESIDING), APALOO J.A., DZAMEFE J.A.

Ratio Decidendi

Core Terms Beta
plaintiff
evidence
appeal
state housing company
case
supreme court
learned judge
weight of evidence
additional grounds
nemo dat quod
lands commission
lands registry
plaintiff’s claim
statement of claim
trial court
decision of the high court
high court
record of proceedings
statement of defence
adenta housing estates
case of the party
claim of the appellant
concern issues of law
court’s decision
favour of the defendants
following grounds
forfeiture of the 15-year lease of the plaintiff
grant title
grounds of fraud
honourable court
issues of fact
legal effect of the trial judge
lessee of state housing company limited
matters of law
order of the trial court
plaintiff claims
prior notice of plaintiff
reason of denial of plaintiff
recovery of possession
rightful owner of the land
said property
salient facts

JUDGMENT

KUSI-APPIAH, J.A.

This is an appeal from the decision of the High Court (Fast Track Division) Accra, dated 28th of July, 2011 in favour of the defendants, now Respondents against the plaintiff, now Appellant. A brief summary of the events culminating in this appeal will certainly help us appreciate matters.

By a writ of summons and statement of claim filed on 23rd of October 2008, the plaintiff claims against the 1st defendant inter alia:

“1 Forfeiture of the 15-year lease of the plaintiff’s two (2) properties situate at Adenta-Accra by reason of denial of plaintiff’s title.
2 Ejectment and recovery of possession for non-payment of rent.
3 General damages for breach of contract.”

The salient facts arising on the pleadings are not complicated. The plaintiff’s claim as per the accompanying statement of claim is that the plaintiff leased her two (2) properties situate at Adenta, Accra to the 1st defendant for a term of 15 years from 6th August, 1998. The rent eligible was paid for the…

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