YAW SORO
V.
JULIANA FRANS

(2005) JELR 63856 (SC)

Supreme Court · CIVIL APPEAL NO. J4/1/2005 · 11 May 2005 · Ghana

CORAM

WOOD (MRS) J.S.C. (PRESIDING),DR. TWUM J.S.C,PROF. OCRAN J.S.C,LARTEY J.S.C,ANSAH J.S.C.

Ratio Decidendi

Core Terms ^Beta

plaintiff

case

chief justice

defendant

judgment

order

court

trial judge

court of appeal

electronic communication

learned trial judge

order of transfer

courts act

high court judge

said property

abada j

defendant’s family

judgment of the trial high court

kumasi high court

order of perpetual injunction

statutory requirement

appeal hearing

appellant’s own showing

chief justice of ghana

course of the trial

defendant’s family plot no.

different judges

exercise of the powers

fact of the original transfer

familiar ground

following day

following terms

further hearing

general damages

given facts of this case

legal consequences

list of mr. justice a.k. abada

mr. f. a. jantuah

parties of the transfer

part of the agreement

plain facts

property no.

registrar of the high court of justice kumasi

respect of the property

respondent’s case

said case

said court

store rooms

substantial justice

time change of solicitors

WOOD (MRS), J.

On the 20th of July 1989, the Plaintiff/Appellant/Appellant instituted proceedings against the Defendant/Respondent/Respondent in the Kumasi High Court for, a number of reliefs including,

(a) a declaration that property No. 10, Block X has been sold on conditional basis to him,

(b) an order compelling her to execute an assignment in respect of the property in his favour and

(c) an order of perpetual injunction restraining her and all persons claiming through her from laying any claim or exercising any exclusive rights over the said property.

This case, like many civil disputes in our jurisdiction, has had a rather chequered past. In the course of the trial, the respondent lost his counsel. Other major setbacks suffered include; a four- time change of solicitors, several adjournments before the two different judges who had handled it at one time or the other, and a seven year lull in the proceedings during which period it lay fallow in the registry.

Seven years after summo…

YAW SORO V. JULIANA FRANS

YAW SORO
V.
JULIANA FRANS