The Defendant/Appellant herein who would be referred to as Defendant for the purposes of this appeal filed an application to dismiss the suit brought against him by the Plaintiff/Respondent who is also referred to as Plaintiff under Order 11 rule 18 (1)(b) and (d) of the High Court (Civil Procedure) Rules, C.I. 47 and the inherent jurisdiction of the High Court on grounds of estoppel per rem judicatam. The High Court Tema on 10th December, 2018 dismissed the Defendant’s application on the premise that the Plaintiff has alleged fraud against the judgment and that allegation ought to be investigated by the court through evidence. The Defendant dissatisfied and aggrieved by the ruling of the High Court, Tema on 31st December, 2018 filed an appeal against the said ruling.
The brief facts of the case are that the Defendant who was the Plaintiff in an earlier suit intituled Obiri Yeboah Appiahene v. Isaac Antwi and Korley Ayaa Kwabla with No AP 100/2015 High Court, Accra, …