RULING
There is an existing judgment delivered by G. N. Minta, Esq., Circuit Judge on the 4th day of October, 2004 over the res litiga being H/No D769/4. Okaishie. The judgment was as a result of a writ issued by the Defendant herein against Mante Saakwa Mante and Anor, in Suit No CCL 85/98 issued 20th May, 1998 a consolidated suit wherein the Defendant herein claimed the following endorsement on its writ as follows:
Declaration of title of all that property known as H/No D769/4 Okaishie, Accra.
An order for ejectment from and recovery of possession of the two door store rooms occupied by Defendant in the said H/No D769, Okaishie, Accra.
An order for payment of mesne profit
In the judgment referred to supra the learned Circuit Judge gave judgment in favour of the Defendant herein and decreed for the defendants to vacate H/No D769/4 Okaishie on or before January, 2005 and yield up vacant possession and an order made for the rent officer of the Rent Court to assess the rent to be paid. Appea…