ERNEST OSEI V. ANDREW ADU POKU

RULING

MILLS-TETTEH (MRS.), J.

This is a motion filed on 12/01/17 to dismiss or set aside the writ of  summons filed on 12/7/16 on the following grounds; 

∙ That the issue of fraud raised by the plaintiff/ respondent has  been raised and determined on three previous occasions and to  raise it again in this court is an abuse of the court process 

∙ That the plaintiff/respondent filed a notice of appeal on the 13th of June 2007 but fraud was not made an issue. 

As stated by Date- Bah JSC as he then was in the case of SASU v. AMUA  SEKYI [2003-2004] SGCLR at page 769, and as observed by Lord Bingham of Cornhill in JOHNSON v. GORE WOOD and CO [2002] AC 1 at  31, the three doctrines of cause of action estoppel, issue estoppel and  the rule of Henderson v. Henderson have a common purpose. The rule  of Henderson v. Henderson also known as the doctrine of abuse of  court process although separate and distinct from cause of action estoppel and issue estoppel has much in common with them. The  unde…