APALOO J.A.: The facts of this case were agreed and the only question which the court below was invited to decide was one of law. It is one of the legal points commonly debated in the courts of this country—namely, estoppel per rem judicatam. The learned judge decided that the appellant was so estopped. The latter takes issue with this decision and invites us to hold the contrary. We acceded to this invitation and held that the plea of estoppel was wrongly invoked upon the conclusion of argument on 9 June 1976.
Now the facts. There once lived at Mim in Brong-Ahafo, a man called Kwabena Agyapong. He died nearly half a century ago. In his lifetime, he erected a compound house at Mim. It was numbered D.S. 75. Upon Agyapong’s death, the house was succeeded to by one Kodjo Kusi. At some point of time, the family removed him from this position and the appellant entered into the inheritance of this property.
About 1955, the appellant took ill and left for Nigeria for treatment. He left the hou…