The parties are at id idem that the subject matter of this dispute has been the subject of a previous litigation in Suit No IRL/25/11 in a matter titled Sabat Motors v. Pergah Transport. In that Suit No IRL/25/11 1st Defendant took out an amended writ as seen in Ex ‘11’ for:
1. Declaration of title to Plot No 29 Light Industrial area, Ring road, Accra and the building thereon
2. Perpetual injunction against the Defendant [Plaintiff herein] by itself, its personnel, servants, agents and heirs from in any way adversely dealing with the property the subject matter of the suit
3. General damages for illegal occupation of the property of the Plaintiffs [sic], unlawful possession and use.
4. An order by the Court that the Defendants are encroachers who have fraudulently acquired Plot No 29 belonging to the Plaintiffs [sic].
Plaintiff herein entered conditional appearance in that suit as Defendant but failed to take further action. Judgment in default of defence was obtained against him. One Alex…