Ratio DecidendiRatio DecidendiRatio Decidendi


TRASSACCO FURNITURE LTD V. JELEEL COMPANY GHANA LTD AND ANOR

(2021) JELR 109118 (CA)    
Court of Appeal  ·  H1/30/21 ·  28 Oct 2021 ·  Ghana
CORAM
SENYO DZAMEFE, J.A, P. BRIGHT MENSAH, J.A NORVISI ARYENE, (MRS.) J.A

Ratio Decidendi

Core Terms Beta
applicant
writ of possession
lands commission
appellate court
parcel of land
trial judge
lessor’s land
trial high court
general jurisdiction
instant case
learned trial judge
exercise of judicial discretion
family of la
recorded transaction
recovery of possession
subject matter of this action
declaration of title
findings of fact
grounds of appeal
interlocutory judgment
judicial discretion
order of perpetual injunction
flagrant contravention of the rules of court
grant of the judgment
physical possession
plaintiff’s statement
set aside
support of the application
allodial title owners of the lands
chagrin of the applicant
civil cases
fixed date
following claims
following grounds
judicial notice of the fact
law of the republic of ghana
ordered hearing notices
order of the court
osei godwin teye
osei godwin teye osei
plaintiff recovery of possession of the land
plaintiffs application
plaintiff’s claim
plaintiffs’ claim
said land
third party
witness statements

JUDGMENT

DZAMEFE, JA

The plaintiff/respondent issued this writ against the defendant for the following claims;-

1. Declaration of title to and recovery of possession of all that parcel of land situate lying and being at Adenta, in the Adenta Municipality of the Greater Accra Region and containing an approximate area of 1098 acres or 4.44 hectares more or less bounded on the North-East by the lessor’s land measuring 401.4 feet more or less on the South-East by the lessor’s land measuring 1581.2 feet more or less on the South-West by the lessor’s land measuring 209.9 feet more or less on the North-West by a proposed road measuring 1583.6 feet more or less.

2. An order of perpetual injunction restraining the defendant, its agents, assigns, or otherwise howsoever described from entering, assigning, transferring or otherwise disposing of or dealing with or developing the land which is the subject matter of this action.

3. An order directed at the Lands Commission to expunge any recorded transac…

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