Ratio DecidendiRatio Decidendi



WUTA-OFEI
V.
DANQUAH

(1961) JELR 80720 (HC)    
High Court  ·  24 Jul 1961 ·  Ghana
 · 
Other Citations
[1961] 1 GLR 487 - 491
CORAM
LORD TUCKER, LORD HODSON AND LORD GUEST

Ratio Decidendi

Core Terms Beta
possession
land
respondent
evidence
lordships
section
action
intention
appeal
case
person
26th october
active step
date of the appellant
order
slightest amount of possession
action of trespass
actual possession of the land
adequate proof of the respondent
appellant ought
benefit of much evidence
cattle
central issue
chief secretary
circumstances
critical period
date of the ordinance
determination of rights
different reasons
evidence of an intention
factual aspect of possession
j.a. of the west african court of appeal
lord guest
lord hatherley
mere possession
mere stranger
only reasonable inference
order of the west african court of appeal
parke
possession of land
president of ghana
prompt action
question of fact
question of possession
question of title
reason
sufficient evidence
type of conduct

LORD GUEST:

In order to maintain an action for trespass the respondent must have been in possession at the date of the appellant's entry on the land in 1948. This is very largely a question of fact upon which the Board do not have the benefit of much evidence. Nor do they have the assistance of the courts below. The reason is that at the stage when evidence was being led and the appeal being heard the parties and the court were concentrating on the question of title and the question of possession was not closely examined.

The appellant maintained that there was not sufficient evidence to establish that the respondent was in possession at the critical period. It was argued, first, that assuming she was in possession before the 26th October, 1940, the date of the Ordinance, her possession was determined either under section 2(l) or section 5(4) of the Ordinance. So far as section 2(l) is concerned, this no doubt determined her right to possession, but did not affect the factual aspect of …

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