Ratio Decidendi



YAKUBU BRAIMAH AND JIBRIEL BRAIMAH
V.
SHELL [GH] LTD. & 7 ORS

(2007) JELR 63897 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/16/2007 ·  8 Jun 2007 ·  Ghana
CORAM
A.ASARE KORANG JA [PRESIDING], S.E. KANYOKE JA, MARFUL-SAU JA

Ratio Decidendi

Core Terms Beta
plaintiffs
action
8th defendants
respondents
motion
limitation decree
1st defendant
high court
learned trial judge
statement of defence
civil procedure
statement of claim
4th defendants
l.n. 140a
period of limitation
writ of summons
petrol station
ruling of the learned trial judge
limitation decree nrcd
plaintiff
supreme court
trial judge
account of rents
behalf of the beneficiaries of the estate
date of judgment
right of action
shell accra new town
special plea
2nd defendant
3rd defendants
agent of the defendant
beneficiaries of the estate of their late father
crux of the plaintiffs case
first mentioned claims
fraud of the defendant
high court judge
inherent jurisdiction of court
instant action
issue of no consequence
opinion of the trial judge
own motion take notice
paragraphs of the statement of claim
part of chief abdul rahim braimah
plaintiffs pleadings of the status of chief braimah
present case
said decree
set aside
support of the facts
written submission

ASARE KORANG, JA: Section 10(1) and (2) of the Limitation Decree 1972 (NRCD 54) states:

"(1) A person shall not bring an action to recover a land after the expiration of twelve years from which the right of action accrued to the person bringing it or, if it first accrued to a person through whom the first mentioned claims to that person.

(2) A right of action to recover land does not accrue unless the land is in the possession of a person in whose favour the period of limitation can run."

It is also provided in Section 22 (1) and (2) of the said Decree as follows:

"(1) Where, in an action for which a period of limitation is fixed by this act

(a) the action is based on the fraud of the defendant or the agent of the defendant or of a person through whom the defendant or the agent claims, or

(b) the action is for relief from the consequences of a mistake, the period of limitation shall not begin to run until the plaintiff has discovered the fraud or mistake, or could with reasonable dilige…

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