DONKOH V. NKRUMAH AND OTHERS

OLLENNU J.S.C.

This appeal is brought against a judgment of the High Court, Kumasi, reversing a judgment delivered by the Kumasi East Local Court in favour of the appellant, the plaintiff in the said local court. The appellant is hereafter referred to as the plaintiff, and the respondents referred to as the defendants.

The basis of the decision of the High Court is that the plaintiff is estopped per rem judicatam from instituting her action by reason of a judgment given against her by the Juaso-Bompata Local Court C on 14 April 1959, affirmed by the Asantehene’s Court, and eventually affirmed by the local court. The appeal raises some important points of law, both substantive and procedural, which are not of frequent occurrence in the courts. A short statement of the history of the litigation will facilitate appreciation of those points of law raised.

The plaintiff is the successor to one Yaw Poku of New Juaben, who died in or about 1959. When she entered upon her office as successor, s…