Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



SAFO AND ANOTHER
V.
BADU

(1977) JELR 69809 (HC)    
High Court  ·  11 Nov 1977 ·  Ghana
 · 
Other Citations
[1977] 2 GLR 63
CORAM
ROGER KORSAH J.

Ratio Decidendi

Core Terms Beta
court
plaintiff
defendant
trial court
judgment
case
parties
common law
rent act
circuit court
first defendant
house no. o.t.a.
writ of summons
high court
judgment of the trial court
judgment set
landlord’s title
said statement of claim
specific date
statement of claim
adjourned date
appellate court
arrears of such rent
attorn tenant
audi alteram partem rule
breach of the audi alteram partem rule
case of a tenancy
circuit court of that suit
common law rule
consideration of the payment of rent
default judgment
district court
following courses
hearing notice
hearing of the suit
judgment of the court
matter of this action
next record of this suit
none of the parties
own motion
pendency of any such suit
periodic tenancy
plaintiff of title
plaintiff’s family
principles of natural justice
record of appeal
rules of natural justice
said premises
said writ
yaa anninwaah

ROGER KORSAH J.

On 6 August 1974, the plaintiff (the respondent here) filed a writ of summons in the District Court, Grade II, Division III, Kumasi, claiming against the defendant (the appellants herein) an order of ejectment from house No. O.T.A. 62, Odum, Kumasi.

It was averred in the statement of claim accompanying the said writ that by a will dated 26 April 1974 of which letters of administration with will annexed were granted to the plaintiff by the High Court on 22 May 1974, the testatrix, Yaa Anninwaah (deceased) devised house No. O.T.A. 62, Odum, Kumasi to the plaintiff. It was alleged by the plaintiff in the said statement of claim that: “The defendants, by reason of their relationship with the plaintiff’s family, were allowed to reside in the said premises during the life time of Yaa Anninwaah (deceased) subject to good conduct.”

The plaintiff further alleged in the said statement of claim that on 27 May 1974, he wrote to the first defendant asking her to attorn tenant to him,…

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