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REPUBLIC V. KPANDU DISTRICT COURT GRADE II MAGISTRATE; EX PARTE KLUTSE

(1968) JELR 83502 (HC)

High Court  •  7 Nov 1968  •  Ghana

Coram
FRANCOIS J.

Appearances
I. N. K. Wuaku for the applicants. W. T. Doku for the respondent.

Judgement
<p style="text-align: justify;"><strong>FRANCOIS J.</strong></p><p style="text-align: justify;">The plaintiff was successful in an action he instituted against the defendants in the Kpeve Local Court in 1963. He was awarded costs of £G10 18s. There was no appeal against that decision and I would have thought that on the authorities that judgment could not be impeached by a counterclaim: see <strong>Re Padstow Total Loss and Collision Assurance Association (1882) 20 Ch.D. 137, C.A</strong>. Be that as it may, the plaintiff sued again for alleged costs awarded by the Kpeve Local Court. Reading the aforesaid judgment, I cannot see how the plaintiff&#x27;s present claim by any stretch of the imagination can be so founded. Even if the judgment referred to could be interpreted as ordering costs to be taxed, that could not be the subject of a new suit.</p><p style="text-align: justify;">The defendants however did not challenge the merits of the claim but sought to put in a counterclaim to set aside the judgment of 1963. The defendants further claimed ¢400 damages for seduction and ¢500 damages for assault. It does not require very …</p>

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