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(1959) JELR 69665 (HC)

High Court  •  9 Mar 1959  •  Ghana



OLLENNU J.: The proceedings in this case show that prior, to the institution of the suit, there had been litigation between the. appellant on the one hand, and the respondent and others on the other hand. The judgment in the last of these suits was admitted in evidence in the present proceedings, and marked Exhibit “B”; it was delivered by the Akwapim Native Court (Grade “A”) on the 17th January, 1956.

The case of the appellant is that the respondent has been trespassing on his portion of the family land since the date of that judgment. The case of the respondent is that he has not committed any further trespass on the portion of the family land which is in the possession of the appellant. The respondent contended that it was in respect of the same acts which resulted in the judgment (Exhibit “B”) that the appellant instituted the present action, not in respect of any fresh entry. His plea in substance, therefore, is that the matter is res judicata.

The native trial-Court, after hearing…

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