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AKUMANI
V.
AGBONUSHI

(2023) JELR 113342 (CA)

Court of Appeal 14 Dec 2023 Ghana
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- The Plaintiff/Appellant's suit was dismissed by the trial court on the basis of estoppel per rem judicatam (cause of action estoppel), after finding that the subject matter had previously undergone customary arbitration and High Court con

Case Details

Suit Number:H1/145/2023
Judges:P. BRIGHT MENSAH JA (PRESIDING) JEROME NOBLE NKRUMAH JA AFIA SERWAH ASARE-BOTWE (MRS.) JA
Location:Accra

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

  1. 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.

  2. The Learned Trial Judge failed to avert or adequately avert her mind to the judicial reliefs t…

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