BAFFOE-BONNIE JSC
In this ruling the plaintiff, AJ FANJ CONSTRUCTION AND INDUSTRIAL ENGINEERING LTD, shall be referred to as the appellant and GHACEM shall be referred to as the respondent.
This is an appeal from a ruling from the Court of Appeal, coram, V.D Ofoe, Bartels Kwodwo (Mrs.), Barnasko-Essah (Mrs.), JJA. Dated, 10th December 2020, The said ruling of the Court of Appeal, reversed an earlier ruling dated 16thApril 2019, delivered by the High Court presided over by Kyei Baafour J(as he then was).The High Court had refused an application by the respondent herein, to dismiss the suit filed by the appellant on the grounds of res judicata and abuse of court process. Being aggrieved by the decision of His Lordship Kyei Baafour J, (as he then was),the respondent appealed to the Court of Appeal which reversed the decision of the High Court and struck out the suit on the grounds of res judicata and abuse of court process. It is this decision by the Court of Appeal that the appell…