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 tha…