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NANA AMUA GYEBU XV AND EBUSUAPANTIN AHMED NOORDEIN AZIANGO
V.
FRANK ISAAC MENSAH

(2018) JELR 68892 (SC)

Supreme Court 12 Dec 2018 Ghana
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- Supreme Court affirmed the Court of Appeal’s decision, holding that the rule in Henderson v. Henderson (issue estoppel and abuse of process) estopped the parties from re-litigating matters already decided on the same subject matter and be

Case Details

Suit Number:CIVIL APPEAL NO: J4/19/2018
Judges:ANSAH JSC (PRESIDING), ADINYIRA (MRS) JSC, BAFFOE-BONNIE JSC, AKOTO-BAMFO (MRS) JSC, APPAU JSC
Counsel:CONSTANTINE K. M. KUDEDZI FOR THE PLAINTIFFS/RESPONDENTS /RESPONDENTS; VICTOR OWUSU WITH HIM BAFFOUR DWUMAH FOR THE DEFENDANT /APPELLANT/APPELLANT.

JUDGMENT

ANSAH, JSC

This is an appeal against the judgment of the Court of Appeal (Civil Division), Cape Coast, dated 27th June 2017, coram: C J Honyenuga, (presiding): Alhaji Saeed Kwaku Gyan and G. S. Suurbareh JJA. The first Plaintiff-Respondent hereinafter called the respondent, is the occupant of the Apowa Stool and the second, the head of the Asamankama Stool Family of Apowa; the defendant is the appellant herein. The land in dispute called Sankoba, measured about 559.17 acres, and was acquired by J.F. Scheck at an auction in 1896, for farming purposes. Subsequently, J.F. Scheck and his successors held title to the land and had exclusive possession without any let or hindrance from anybody. All those who farmed the land did so with the permission of Scheck’s successors. However, in recent times the defendant appellant and his predecessors in title granted a greater part of the land to people for residential and commercial purposes. The defendant appellant asserted that all litigat…

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