Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



YEHANS INTERNATIONAL LTD.
V.
MARTEY TSURU FAMILY AND 18TH JULY LIMITED

(2017) JELR 63705 (CA)    
Court of Appeal  ·  SUIT NO. H1/58/2016 ·  30 Mar 2017 ·  Ghana
CORAM
P. K. GYAESAYOR J. A (PRESIDING), ADUAMA OSEI J.A, AVRIL LOVELACE-JOHNSON J.A

Ratio Decidendi

Core Terms Beta
disputed land
exhibit
judgment
plaintiff
nungua stool
trial judge
martey tsuru family
cross examination
land title certificate
acts of possession
grounds of appeal
borketey alabi
disputed area
high court
learned trial judge
declaration of title
evidence of pw1
industrial area
state land
1st defendant
acquired land
additional grounds of appeal
application of the said principle
different date
disposition of stool lands
e ie e
evidence of fraud
following exhibits
following grounds
government land
ground of want of capacity
interpretation of the judgment of jackson j
larger tract of land
present appeal
recovery of possession of the said land
respect of a portion of the land
respondent’s case
rightful owners of the larger area of the land
said exhibits
study of the judgment shows
summary of the complaints of counsel
title of the said grantor
traditional owners of the land
unchallenged evidence
weight of the evidence

AVRIL LOVELACE-JOHNSON, JA

On 29th July 2014, the High Court gave judgment for the Plaintiff/Respondents in this matter on their claim for Declaration of title to land described in their statement of claim, Perpetual injunction, Damages for trespass, and recovery of possession of the said land. The 1st Defendant/Appellant counterclaimed for the same reliefs but over a larger tract of land and the disputed land. Likewise the 2nd Defendant/Appellant counterclaimed for the same reliefs in respect of a portion of the land claimed by the Plaintiff/Respondent with the exception of the relief for recovery of possession, since their position from their statement of defence was that they were already in possession.

Being dissatisfied with the judgment in question the two have launched the present appeal.

Hereon, for ease of reference, the designations of the parties in the High Court will be maintained.

The grounds of appeal filed by the 1st Defendant are as follows

i) The judgment is against the w…
There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login