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NII LANTE LAMPTEY V. R. O. LAMPTEY ORS

(2021) JELR 109688 (SC)

Supreme Court  •  J4/17/2021  •  1 Dec 2021  •  Ghana

Coram
APPAU, JSC (PRESIDING) PWAMANG, JSC AMEGATCHER, JSC TORKORNOO (MRS.), JSC KULENDI, JSC

Judgement

TORKORNOO (MRS.) JSC:- 

The issue for resolution in this highest court arose only in the Court of Appeal. The  Appellant herein was the plaintiff in the high court and appellant in the court of appeal  and will be referred to as Plaintiff in this ruling. He originally sued two defendants in the  high court. While the Plaintiff’s suit was pending against these two defendants, the 3rd Defendant/Respondent (hereinafter referred to as 3rd Defendant) applied to join and  was joined to the high court suit with a counterclaim against the Plaintiff. A first trial  was conducted between the Plaintiff and the first two defendants. The Plaintiff obtained  judgment against them. In a later trial between the Plaintiff and 3rd Defendant, the 3rd Defendant obtained judgment against the Plaintiff on his counterclaim on 28th October  2016. This led to the Plaintiff filing an appeal against the judgment obtained by the 3rd Defendant on his counterclaim on 18th November 2016.  

It was not till May 2018 …

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