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



SAMDY METALS LIMITED
V.
ALHAJI ABDUL KADIRI AND 2 OTHERS

(2014) JELR 69773 (CA)    
Court of Appeal  ·  SUIT NO: H1/19/2014 ·  31 Jul 2014 ·  Ghana
CORAM
KUSI-APPIAH (PRESIDING), OFOE J.A., SOWAH J.A.

Ratio Decidendi

Core Terms Beta
plaintiff
defendants
evidence
land
counsel
learned trial judge
appeal
high court
weight of evidence
circuit court
limited liability company
court of appeal
grounds of appeal
issue of capacity
declaration of title
documentary evidence
plaintiff company
presence of witnesses
record of appeal
statement of defence
dw2 lawyer amu farkye
evidence of the defendants
notice of appeal
plaintiffs’ grantor
statement of claim
accra high court
background facts
circuit court proceeding null
defendants predecessor
dw1 alhaji suraj abubakari
end of the trial
evidence of lawful entry
evidence of the grant
faroe atlantic co. ltd.
fierce challenge
first issue
f. kusi-appiah
grounds of notice
kusi-appiah
land certificate no. ga
late alhaji abdul aziz
lawful possession of the disputed land
madam naa sackua sackey
outcome of the trial
points of law
proof of title
purported promoter of plaintiff company
rule of practice
scope of the omnibus ground of appeal

SOWAH, J.A.

In this judgment, the appellants shall be referred to as the defendants while the respondent will be referred to as the plaintiff or the plaintiff company.

On 28th October 2010, the Accra High Court delivered a judgment against the defendants, dismissing its counterclaim and granting the plaintiff company all the reliefs it had sought in its writ of summons, namely, declaration of title to the land in dispute, perpetual injunction, GH¢10,000.00 as general damages for trespass and costs of GH¢2,000.00. Being dissatisfied with the outcome of the trial, the defendants have filed this appeal, asking that the whole judgment be set aside and judgment entered for the defendants.

The background facts which culminated in this appeal are as follows:

The plaintiff, purporting to be a limited liability company, instituted action in December 2004 against the late Alhaji Abdul Aziz, the defendants predecessor in title at the Circuit Court for declaration of title among other reliefs. Per it…

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