Ratio DecidendiRatio DecidendiRatio Decidendi



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…

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