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



SOLOMON TACKIE & ANOR.
V.
JOHN NETTEY & ANOR

(2021) JELR 107958 (SC)    
Supreme Court  ·  J4/44/2019 ·  24 Jun 2021 ·  Ghana
CORAM
DOTSE, JSC (PRESIDING) MARFUL-SAU, JSC AMEGATCHER, JSC LOVELACE-JOHNSON, (MS.) JSC PROF. MENSA-BONSU, (MRS.) JSC

Ratio Decidendi

Core Terms Beta
plaintiffs
1st defendant
maria house
high court
court of appeal
abla sackey
1st plaintiff
samuel quao sackey
supreme court
afua sackey
cross-examination
judgment of the court of appeal
lower courts
high court judge
learned court of appeal
learned trial
learned trial judge
facts of this case
false claims
following children
grounds of fraud
james hanson sackey
nettey family
above facts
bannerman-thompson families
customary law rules of intestate succession
emmanuel quaofio hansen-sackey
findings of the trial high court
following reliefs
grandparents afua sackey
high court decision
house no. d.385
intermediate court of appeal
joint representatives of the hanson-sackey
order of this honourable court
ordinary appeal
part of the case of the plaintiff
perspectives of the plaintiffs
pieces of evidence
plaintiffs claims
said s. q. sackey
set aside
settled rules of procedure of this court
statements of case of the parties
subject matter
support of the appeal
various overt acts of ownership of the parties

JUDGMENT  

DOTSE, JSC

PROLOGUE

What looked like an ordinary appeal where the intermediate Court of Appeal concurred in the findings of the trial High Court and which should have led to an evaluation of the grounds of appeal argued in the statements of case of the parties soon evaporated into thin air. This came about after deep and sober reflection on the unprecedented style of the manner in which learned counsel for the plaintiffs presented his arguments in support of the appeal. This style of presentation was considered to be an assault on, and a violent breach of, the settled rules of procedure of this court and the lower courts as well. This phenomenon therefore necessitated a thorough and comprehensive analysis of our opinion in this judgment. 

The facts of this case admit of some controversies, and it might be very useful to set them out from the perspectives of the plaintiffs and the 1st Defendant. Thereafter, it will be necessary to refer to the various overt acts of ownership of …

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