Ratio DecidendiRatio Decidendi



ZOGLI AND ANOTHER
V.
GANYO

(1977) JELR 63549 (CA)    
Court of Appeal  ·  7 Dec 1977 ·  Ghana
 · 
Other Citations
[1977]1 GLR 297
CORAM
AMISSAH JA,JIAGGE JA,KINGSLEY-NYINAH JA

Ratio Decidendi

Core Terms Beta
settlement
parties
respondent
arbitration
award
case
appellant’s son
arbitration award
circuit judge
appeal
appellants
argument
customary proceedings
local court magistrate
order
prior agreement
first appellant
kwadwo agavi
live sheep
negotiated settlement
okovi ahorli
added inducement
amissah j.a.
assistance of a qualified lawyer
burden of the appellants
circuit court
civil action
complaint of the appellant
customary law rules
daughter of the respondent
first requirement of an arbitration
judge’s order
learned circuit judge
liability of the first appellant
local court
lower courts
order of the local court
original claim of the respondent
point of principle of considerable importance
presence of a third party
report of these statements
result of the statements
rural community
side of the dispute
strong evidence
subject-matter
trial court
trial court ought
view of judge apatu plange
west african court of appeal

AMISSAH J.A.: The original claim of the respondent, Daniel Kodzo Ganyo, was for £G100 or ¢200.00. It was brought before the local court. That was in 1966. The local court magistrate after hearing the evidence gave judgment for the respondent and awarded him fifty guineas or ¢105.00 damages against the first appellant. The appellants appealed to the circuit court. That court, while dismissing their appeal as to the liability of the first appellant, altered the damages. In the view of Judge Apatu Plange, who dealt with the case, the issue between the parties having previously been disposed of by an arbitration, it was not open to the local court magistrate to award damages different from what had been awarded at the arbitration.

Accordingly, he reversed the order as to damages. The arbitration award, if it is accepted that there was an arbitration, was for ¢40.00, one live sheep, half a piece of calico and a bottle of schnapps. The judge’s order substituted this for the order of the loca…

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