Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



YAW ABOAGYE
V.
DARLING TUFFOUR

(2012) JELR 63863 (HC)    
High Court  ·  INDL 14/2008 ·  14 Oct 2012 ·  Ghana
CORAM
KWABENA ASUMAN-ADU

Ratio Decidendi

Core Terms Beta
plaintiff’s property
money lender
plaintiff’s un-numbered property
detention of his documents
sum of gh
plaintiff pays
statement of claim
loan of gh
plaintiff’s claim
plaintiff
defendant
unlawful detention of the said title deeds
amount of gh
licensed money lender
judicial sale of plaintiff
exhibit a.
current case counsel
said documents
evidence
financial assistance
court shows
date of final payment
north gbawe
court
virtue of the moneylenders act
title deed of the plaintiff
signed note
defendant’s account
exhibit b.
payment of the cheque
house no.
evidence shows
tribunal of fact
respect of the documents
material witness
current case
written instruction
terms of contract
said loan
court holds
court of appeal
written document
issues
promissory notes
total of gh
maye kom mehwe onyame association
sufficient funds
various sums of monies
interest

JUDGMENT

ASUMAN-ADU, J.

The Plaintiff issued out writ of summons on 31st October 2008 against the Defendant for the following reliefs:-

1) A declaration that the seizure and detention of the title deeds to the Plaintiff’s property are unlawful.

2) An order compelling the Defendant to deliver the title deeds to Plaintiff’s un-numbered property situate at North Gbawe, Accra and House No. 18, Tseebia Toto Avenue, North Gbawe, Accra to him.

3) Damages for unlawful detention of the said title deeds.

The Plaintiff accompanied his writ with statement of claim in which he explained the circumstances leading to the alleged seizure and detention of his documents on his property by the Defendant. The Defendant entered appearance on 18th November 2008 and went on to file her Statement of Defence on 12th December 2008 in which she denied the Plaintiff’s claim and counter claimed as follows:-

1) Recovery, the sum of GH¢180,000.00 owed to Defendant since January 2006, payable with interest at prevailing co…

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