It is provided under order 33 Rule 5 of the High Court (Civil Procedure) Rules, C. I. 47 that:
“Where it appears to the Court that the decision of any question or issue arising in any cause or matter and tried separately from the main cause or matter substantially disposes of the cause or matter or renders the trial of the main cause or matter unnecessary, it may dismiss the cause or matter or make such other order or give such judgment as may be just”.
After the pre trial conference failed to settle the issues between the parties, three main issues were set down for determination by the trial Judge. The third issue between the parties as stated was:
“whether or not the Plaintiff is stopped from maintaining the present action in the face of the judgment in suit no AC 741/14 entitled Ghana Cocoa Board v NTHC Ltd”.
The court in taking a cue from the rule quoted supra slated the third issue for preliminary trial and adjourned the consideration of the first two issues. The net effect of the t…