Ratio DecidendiRatio DecidendiRatio Decidendi



WOODE
V.
DADSON

(1974) JELR 63929 (HC)    
High Court  ·  24 Mar 1974 ·  Ghana
CORAM
EDUSEI J.

Ratio Decidendi

Core Terms Beta
judgment of the rent magistrate
high court
rent magistrate
district court
rent magistrate’s decision
rent officer
landlord’s counsel
tenant of any premises
such premises
services of counsel
district court grade
adjourned date
civil causes
affidavit of the defendant
civil jurisdiction
appropriate rent magistrate
provisions of the rent act
defendant
matter
case
following cases
jurisdiction
such words
order of ejectment
recovery of any liquidated sum
application of the defendant
court
legal practitioners
following day
practice of some legal practitioners
edusei j.
own affidavit shows
courts act
amount
district magistrate
amount of the recoverable rent of such premises
section
defendant’s contention
appropriate rent officer
personal actions
claims
district magistrate grade i.
application
proceedings
defendant’s request
courts
landlord
sum
appeal

EDUSEI J.

This is an application by the defendant for a stay of execution pending appeal in the High Court from the judgment of the Rent Magistrate, Accra New Town.

On 4 December 1975, the rent magistrate sitting at Accra New Town gave judgment for the plaintiff for the sum of ¢10,250.00 against the defendant and also made an order of ejectment against him. According to the affidavit of the defendant an appeal has been lodged against the judgment. In the application of the defendant a copy of the judgment has not been exhibited and it is almost impossible for this court to say whether the rent magistrate’s decision can be shown to be wrong and that the appeal is likely to succeed.

It is, however, agreed on both sides that the case originated in proceedings before the rent officer who took evidence and then sent the proceedings with his recommendations to the rent magistrate. There is no doubt that the rent magistrate can only determine the matter after considering the proceedings before …

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