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ADOLPH TETTEH ADJEI
V.
ANAS AREMEYAW ANAS AND HOLY QUAYE

(2018) JELR 64013 (CA)

Court of Appeal 29 Nov 2018 Ghana
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- The Court of Appeal set aside the High Court’s dismissal of the plaintiff’s land claim, holding that the principle of estoppel per res judicata was wrongly applied; the prior proceedings did not constitute a final judgment after a full he

Case Details

Suit Number:CIVIL APPEAL NO.H1/107/2018
Judges:AGNES M. A. DORDZIE (MRS.) J.A. (AS SHE THEN WAS) (PRESIDING), F. G. KORBIEH J.A., I. O.TANKO AMADU J.A.
Counsel:EMMANUEL BRIGHT ATOKOH APPEARING WITH FRANCIS OFFIN PEARL ,SADAH AND FRIDA AMOAKO FOR THE PLAINTIFF/APPELLANT,MR. DAVID AMETEFE FOR THE DEFENDANTS/RESPONDENTS

F.G. KORBIEH, J.A.

This is an interlocutory appeal arising from the trial High Court’s dismissal of the plaintiff/appellant’s suit against the defendant/respondents mainly on grounds of estoppel per rem judicatam. The plaintiff therefore mounted this appeal by filing a notice of appeal which has the following grounds of appeal:

i) The ruling is against the weight of the affidavit evidence.

ii) The Court erred in law with the determination that the doctrine of estoppel was applicable on the facts of the case before it.

iii) The Court erred in its determination that the subject land forms part of the judgment by His Lordship K. A. Ofori Atta in Edward Mensah Tawiah and Ewormenyo Ofoli Kwashie v. The Acting Registrar of Lands and the Trustees, East Dadekotopon Development Trust (Suit No. BL.431/2006).

iv) The Court erred in its finding that the Defendants/Applicants obtained the land in issue from the Ataa Tawiah Tsinaiatse and Nuumo Kwashie families.

v) The holding that the Defendants/applica…

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