Ratio Decidendi


(1986) JELR 65597 (CA)    
Court of Appeal  ·  4 Dec 1986 ·  Ghana

Ratio Decidendi

Core Terms Beta
customary gift
consequence of the said permission
first defendant
learned trial judge
property of their father
deed of gift
late evans kofi sese
late father
one-storey house
circumstances of the case
high court judge
plaintiff’s claim
weeks of the receipt of the said reply
weight of evidence
mother of the first defendant
property of late kwamla armah kwantreng
disputed land
judgment of the high court
first respondent
exhibit b
said deed of gift
kwantreng v
present second respondent
revocation of the deed of gift
failure of the trial judge
alleged customary gift
real purpose
plaintiff’s own evidence
respect of a piece of land
following conclusion
learned judge
clear indication
bank loan
present case
absolute gift
death of their late father
statement of claim
last tenant of the late father
second defendant
subject matter of dispute
said kwamla armah kwantreng
last days
absolute terms
two-storey building
building materials
father kwamla armah kwantreng


Theappeal is from the judgment of the High Court, Accra dated 25 November 1983. The appellant (hereinafter referred to as the plaintiff) had claimed a declaration of title, recovery of possession, damages for trespass and an order for perpetual injunction in respect of a piece of land situate at Kokomlemle, Accra.

The plaintiff and the first respondent (hereinafter referred to as the first defendant) were brothers. They were the children of the same father but had different mothers. The disputed land was the self-acquired property of their father, the late Evans Kofi Sese, who died at the ripe age of about 90. The late father acquired the land by purchase in August 1952. He built a one-storey house called an out-house on a portion of the land and lived in it.

The father later permitted the plaintiff to build on the remaining portion of the land. In consequence of the said permission the plaintiff put up a two-storey building on that portion. The late father however, continued …

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