ABUSUAPANYIN KOFI OTOPA V. MADAM JULIANA AMANKWA OTOPABIA

JUDGEMENT

MENSAH-HOMIAH, J.A.

INTRODUCTION

By a judgment dated 29th March, 2021, the High Court, Akim Oda, declared as valid an earlier arbitration on the same subject matter between the parties. The Court then dismissed both the Plaintiff’s suit and the Defendant’s counterclaim because in its opinion, the matter could not be re-litigated. It is against this decision of the   High Court that Plaintiff lodged the instant appeal on 22nd April, 2021.

BACKGROUND

This is the genesis of the suit before the High Court. It was alleged that, one Opanyin Kwaku Amankwaa, father of the Defendant, was a native of Aburi and so upon his death intestate, his properties devolved onto his immediate family of Aburi. Matilda Asantewaa who was substituted for the original plaintiff, Abusuapanyin Kofi Otopa (decd.), is a niece of Opanyin Kwaku Amankwa (deceased).  In his life time, Kwaku Amankwa had only one child, the Defendant herein. At the time of Kwaku Amankwa’s death sometime in 1967, Defendant was a mino…