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OPANIN KOFI NYAME V. OSEI KESE, ALIAS KWAME AND YAA KUNE, ALIAS YAA FOSUWAA

(1999) JELR 68235 (SC)

Supreme Court  •  CHIEFTAINCY APPEAL NO. 1/97  •  10 Feb 1999  •  Ghana

Coram
EDWARD WIREDU J.S.C. (PRESIDING) KPEGAH J.S.C. ADJABENG J.S.C. ACQUAH J.S.C. AKUFFO J.S.C.

Judgement

JUDGMENT

EDWARD WIREDU, J.S.C.

This opinion is a concurring contribution to the able and erudite opinion about to be read by my brother Acquah, J.S.C.

The principle of res judicata is now a well established and acceptable principle in judicial proceedings. Its objective is to prevent an abuse of the courts process by estopping a party to a litigation against whom a court of competent jurisdiction has already determined the issue now being raised by re-opening the same subject matter for further litigation. The principle can also be raised against privies of the original parties.

Since its objective is to prevent an abuse of the courts process there is no need to go into the exercise of hearing the whole evidence on the matter again, otherwise its purpose would be defeated.

It can legitimately be determined on an affidavit evidence in appropriate circumstances. Where it is necessary to go into the matter by hearing evidence, such evidence must be restricted to that issue only as a prelimina…

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