JUDGMENT
Introduction:
[1] Given the policy concern for finality and avoidance of inconsistent results which underlies the doctrine of res judicata, parties cannot avoid the application of the doctrine by either choosing to exclude themselves from a hearing in which they are a party or an issue raised or could have been raised in a litigation. The legal principle of estoppel res judicata is the centrepiece to this suit.
[2] The subject matter of controversy on this suit is a dwelling house on the Defendant’s land described as CFC 44 Estate Mile 7 and situate at Dome, Accra. The Plaintiff claims the following reliefs per his writ of summons:
i. A declaration that it is the Plaintiff and the Plaintiff only who is entitled to the monetary value of the dwelling house erected on the Defendant’s land lying, situate and being at Dome Accra and bounded on the North-West by a proposed road measuring 70 feet more less on the North-East by vendor’s land measuring 160 feet more or less …