CONCURRING OPINION
AFIA SERWAH ASARE-BOTWE (MRS.) JA
I have had the privileged opportunity of reading the lead opinion of my learned brother, Justice Jerome Noble-Nkrumah JA. I agree entirely with his reasoning and conclusion that the Ruling of the court below ought to be set aside and a full trial on the merits of the case be undertaken. I wish however, to make a brief contribution to the discourse.
The background and facts leading to this appeal have been well set-out in the lead opinion of my learned brother. I do not intend to rehash them in this concurring Judgment.
For ease of reference, the Grounds of Appeal are reproduced below;
GROUNDS OF APPEAL
The Learned Trial Judge erroneously erred by finding that the Plaintiff/Appellant’s case is caught by estoppel rem judicatam and in consequence of the said erroneous finding, did also erroneously erred by dismissing the Plaintiff/Appellant's Suit.
The Learned Trial Judge failed to avert or adequately avert her mind to the judicial reliefs t…