Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ZABRAMA
V.
SEGBEDZI

(1991) JELR 63617 (CA)    
Court of Appeal  ·  27 Jun 1991 ·  Ghana
 · 
Other Citations
[1991] 2 GLR 221
CORAM
AMPIAH JA, KPEGAH JA, ADJABENG JJ.A.

Ratio Decidendi

Core Terms Beta
document
defendant
court
interpretation clause
letter-writer
trial court
exhibit a
learned trial judge
ollennu j.
standard of proof
supreme court
trial judge
notice of appeal
plaintiff’s case
said language
defendant’s case
plaintiff’s claim
copy of the document
evidence of the plaintiff
explicit averments
grounds of appeal
illiterates’ protection ordinance
learned judge
only issue
presumption of liability
sale of land
attesting witnesses
circuit court
claim of the plaintiff
consideration of the issue of proof
court of appeal rules
evidence of other facts
finding of the learned trial judge
judgment of his honour judge aryeetey
last argument
mr. apatu-plange’s submissions
mr. tsegah’s contention
much confusion
person of full age
plaintiff’s appeal
pleaded case of the plaintiff
question of credibility of witnesses
redemption of his house no. a
respect of the issue
said exhibit a
said house
sale of the house
support of his case
twi language
weight of evidence


KPEGAH J.A.: On 24 July 1990, this court dismissed the plaintiff’s appeal and reserved its reasons. I now proceed to give reasons why my vote was cast for its dismissal. This is an appeal against the judgment of his Honour Judge Aryeetey sitting at the Circuit Court, Akim Oda dismissing the claim of the plaintiff. The plaintiff’s claim as indorsed on the writ of summons is for “the redemption of his house No. A/76, situate lying and being at Bawdua.”

The plaintiff’s case is that during the “Aliens Compliance Order”, a period when aliens without proper documentation and residence permit were asked to leave the country, he pledged the said house to the defendant for ¢60. Later, he went to the defendant and sought financial assistance. The amount involved in this second transaction was ¢160. Before his departure to Niger the defendant asked him for a receipt to cover both transactions. The defendant took him to a letter-writer at Akwatia. This fellow prepared a document which he thumbprin…

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