RULING
In this motion on notice, 2 Defendant/Applicant (hereinafter called the Applicant) is praying the court for an order to dismiss the writ of summons in the suit for res judicata and an abuse of process.
The basis of the application is captured in paragraphs 4 to 10 of the affidavit in support of the application as follows:
4. That the Plaintiff/Respondent herein mounted the instant action claiming among other reliefs:
“A Declaration that House No. 2, Pawpaw Lane, Anaji, and Plot No. 6, Effia-Anaji Planning Scheme Extension are all personal properties of Joseph Aggrey and therefore cannot be a subject in a matrimonial suit between 1st Defendant and Helena Nyankom (deceased).”
5. That in a suit relating to the sharing of the matrimonial properties between 1st Defendant and the daughter of 2nd Defendant which was determined by the High Court, Sekondi, in the suit titled HELENA NYANKUM (SUBSTITUTED BY EFUA MANSA) V. JOSEPH ATTA AGGREY and numbered E12/52/18, the court made a finding th…