Ratio DecidendiRatio Decidendi



SBAITI
V.
SAMARASINGHE

(1976) JELR 69697 (HC)    
High Court  ·  10 May 1976 ·  Ghana
 · 
Other Citations
[1976] 2 GLR 361
CORAM
LAMPTEY AG.J.

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
evidence
exhibit a
ministry of education
building materials
following passage
claim of the plaintiff
statement of claim
statement of defence
case of the defendant
cross-examination
defendant claims
instant case
land registry act
mr. adamafio
part of that contract
plaintiff’s action
plaintiff’s claim
pursuance of the said agreement
term of years
above amendment
a. counsel
c.a
c.a. danckwerts l.j.
case of the plaintiff
contracts-general principles vol
defendant building materials
defendant claims damages
dictum of lord greene m.r.
evidence exhibit a
following issues
following statement
judgment of the court
mr. tawiah adamafio
note of the date of commencement
oral agreement building materials
owner of the new premises
plaintiff claims
plaintiff’s customary grant
respect of new premises
said building
said premises
said writ of summons
significant evidence
specific performance
specific performance of leasehold agreement
such vital matters
sufficient note

LAMPTEY AG.J.

In this action the plaintiff claims by the endorsement on his writ of summons as follows: “Specific performance of leasehold agreement between the parties dated 21 November 1974 in respect of new premises adjacent to house No. 45, Seventh Avenue Extension, Accra.” The case of the plaintiff was set out in the statement of claim annexed to the said writ of summons at paragraphs (2), (3), (5) and (7). These are:

“(2) The defendant is the owner of the new premises adjacent to house No. 45, Seventh Avenue Extension, Accra.
(3) On or about 21 November 1974 the defendant agreed to let and the plaintiff to hire the said premises at a rental of ¢5,000.00 per annum for use as a school ...
(5) In pursuance of the said agreement the plaintiff on periods dated between 22 November 1974 and 28 August 1975 supplied the defendant building materials and cash for the completion of the demised premises to the tune of ¢8,201.24 ...
(7) The said building is now ready for occupation but the def…
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