OWUSU (MS.) JSC:-
On 21st October, 2020, the Court of Appeal, Cape Coast, in the Central Region dismissed the Plaintiff’s appeal against the 3rd Defendant. The Court held among other things as follows:
“For all of the above reasons, we hold that the resolution of this issue of res judicata has substantially disposed of this suit as envisaged under Order 33 rule 5 of the High Court (Civil Procedure) Rules, CI 47 and endorsed by Gbadegbe JSC in the case of Ofei Kwaku Mante v. Mike Similao and 2 Others Civil Appeal No. j4/10/2016 dated 11th May 2017. By so holding, we also endorse the conclusions of the learned trial judge at page 230 of the record that the determination of the issue of res judicata effectively eroded the substratum of the Plaintiff’s entire suit thereby rendering a pursuit of the other reliefs endorsed on the writ of summons wholly otiose. In our view, the learned trial judge applied the law correctly to the facts on record before her and we therefore find …