THE TRUST BANK LTD. V. G. K. APPIAH & SONS LTD & 2 OTHERS

JUDGMENT

 WOOD (MRS.) C.J

On the 10th July, 2008, the Court of Appeal unanimously affirmed, subject to a slight variation, the decision of the trial High Court dated the 26th January, 2007. The plaintiff/ appellant /appellant, has approached this court, yet again questioning the decision of the appellate court, on two grounds, namely that:

“The judgment is against the weight of evidence.

The learned Justices of the Court of Appeal erred in law when they held that Plaintiff/Appellant is stopped per rem judicatam from initiating this suit.”

It would be useful to briefly set out the facts leading to this appeal. The appellants have sued the defendants/respondents respondents and one Kofi Appiah, (as 3rd defendants), in the High Court, Commercial Division, to recover the sum of ¢544,870,775.63 (old cedis) being balance due and owing on account of banking facilities extended to 1st Defendant Company by plaintiff Bank on 19th August 2002 and interest on the sum at 43 % per annum.

What appears on …