Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



WILSON
V.
BROBBEY

(1973) JELR 63955 (HC)    
High Court  ·  30 Nov 1973 ·  Ghana
 · 
Other Citations
[1974] 1 GLR 250
CORAM
OSEI-HWERE J.

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
document
principal debtor
exhibit a
trial magistrate
appeal
defendant’s counsel
court
f. l. andoh
general rule
grounds
interlocutory order
man
present case
weight of evidence
agyeman iii
available evidence
bragg
c.a. lord denning m.r.
case of an ordinary signed document
contract
defendant-appellant
defendant’s application
defendant’s real defence
district magistrate grade
est factum
exhibit a.
grounds of appeal
joinder of the said f. l. andoh
learned trial magistrate
legal consequences
legal document
literate man of no mean standing
material witness
only point of substance
oral testimony
original grounds of appeal
osei-hwere j.
party of full age
plaintiff-respondent’s favour
proper time
relevant part of the judgment
result of the judgment
sign
spite of the good intentions of the defendant
supplementary ground of appeal
trial
written document


OSEI-HWERE J.

This appeal arose as the result of the judgment delivered in the plaintiff-respondent’s favour by the District Magistrate Grade I, Sunyani. In the court below the plaintiff made a very simple claim against the defendant-appellant (hereinafter called the defendant) for the sum of ¢231.00 being the value of store goods credited by the defendant from the plaintiff. At the trial the plaintiff supported his claim with an invoice on the goods which the defendant had signed. Although the defendant admitted that he signed the invoice on the goods yet he contended that he did so merely as a guarantor on behalf of one F. L. Andoh who really credited the goods. The trial magistrate found that exhibit A spoke for itself in that the defendant signed it as a purchaser and not as a guarantor. He arrived at a conclusion as to how the defendant came to sign exhibit A and he ultimately gave judgment for the plaintiff on the strength of the “oral testimony coupled with exhibit A.” It is ag…

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