MICHAEL ATTA OSEI V. CHRISTIAN MENSAH AFLAKPUI & ANOR.

JUDGMENT

YAW APPAU, JA.

The circumstances leading to this appeal as disclosed in the record of appeal are so phenomenal that there is the need to recount them in order to avoid any perceived ambiguities in the judgment of this Court.

The 1st respondent in this appeal Christian Mensah Aflakpui embarked on two separate suits against the appellant Michael Atta Osei in the year 1988 in respect of a plot of land situate at West-Achimota in Accra. The identity of that plot of land, which was the same in all the suits, was not in issue in those suits. The appellant also counter claimed against the respondent for the same reliefs in all the suits. The reliefs were for declaration of title, recovery of possession, damages for trespass and perpetual injunction to that same piece of land.

These two suits were all in the Circuit Court Accra, presided over by two different judges. One of them was before her Honour Judge I. N. N. Ashong (as she then was), now Justice I. N. N. Ashong Yakubu. The Suit No…