OLLENNU J.: In this case the plaintiff, the Ohene of Bukuruwa, as representing the stool of Bukuruwa claims against the defendant, the Ohene of Kumawu, as representing the stool of Kumawu, a declaration of title to two pieces of land situate in Kwahu, and an order for injunction. The defendant also, on behalf of his stool, counterclaims against the plaintiff’s stool declaration of title to and an order for injunction in respect of the same parcels of land, described as one piece of land.
The defendant’s stool pleaded, among other things, that the dispute between the two stools is res judicata by reason of a judgment delivered on the 23rd February, 1959, by the Land Court of the then Ashanti Judicial Division of the Supreme Court of Ghana, Kumasi, in a suit entitled Nana Otuo Achampong I, Kumawuhene, for and on behalf of the Kumawu Stool v. Nana Yaa Sakaa, Bukuruwahema, for and on behalf of Bukuruwa Stool and two others. This issue as to whether the dispute is res judicata has been trie…