JUDGMENT
DARKO ASARE JSC:-
This appeal emanates from the judgment of the Court of Appeal dated the 15th July 2021, which affirmed the trial court’s refusal to uphold the Defendant/Appellant’s plea of res judicata, aimed at defeating the further prosecution of this instant suit. The trial court had concluded its decision with the following pertinent remarks:-
“As already stated, the issues in the prior suit had to do with 3 vessels, MT Imperial, MT Stream and MT Eleousa. The dates for the agreements in respect of the said vessels were 2nd July 2005 and 17th February 2006. The issues pending in this suit are matters involving a single vessel MT ANNA and the dates on the agreement relative to the action are 6th November 2006, 1st January 2007 and 15th November 2008. These are 2 different actions and Suit No. RPC/248/08 determined on 8th August 2014 is an entirely different suit from the one currently pending in Suit No. BDC/22/07. The matter cannot therefore be said to be Res Judic…