judy.legal
Login Register

DAWDA V. EXECUTIVE SECRETARY LANDS COMMISSION & ORS

(2022) JELR 109681 (SC)

Supreme Court  •  J4/23/2021  •  26 Jan 2022  •  Ghana

Coram
BAFFOE-BONNIE JSC (PRESIDING) AMEGATCHER JSC PROF. KOTEY JSC OWUSU (MS.) JSC PROF. MENSA-BONSU (MRS.) JSC

Judgement

OWUSU (MS.) JSC:- 

On 21st October, 2020, the Court of Appeal, Cape Coast, in the Central Region  dismissed the Plaintiff’s appeal against the 3rd Defendant. The Court held among other  things as follows:

“For all of the above reasons, we hold that the resolution of this issue of res  judicata has substantially disposed of this suit as envisaged under Order 33 rule  5 of the High Court (Civil Procedure) Rules, CI 47 and endorsed by Gbadegbe  JSC in the case of Ofei Kwaku Mante v. Mike Similao and 2 Others Civil  Appeal No. j4/10/2016 dated 11th May 2017. By so holding, we also  endorse the conclusions of the learned trial judge at page 230 of the record that  the determination of the issue of res judicata effectively eroded the substratum  of the Plaintiff’s entire suit thereby rendering a pursuit of the other reliefs  endorsed on the writ of summons wholly otiose.  In our view, the learned trial judge applied the law correctly to the facts on  record before her and we therefore find …

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