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NAOS HOLDING INC
V.
GHANA COMMERCIAL BANK LTD

(2010) JELR 67257 (SC)

Supreme Court 24 Nov 2010 Ghana
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- Supreme Court upheld the High Court and Court of Appeal rulings that instituting a fresh action by the same plaintiff, on the same facts and reliefs, after previously failing to establish legal capacity, amounts to an abuse of process per

Case Details

Suit Number:CIVIL APPEAL NO. J4/28/2009
Judges:BROBBEY JSC (PRESIDING), DOTSE JSC, YEBOAH JSC, BAFFOE-BONNIE JSC, AKOTO-BAMFO (MRS) JSC
Counsel:WILLIAM ADDO FOR THE PLAINTIFF/APPELLANT/APPELLANT; KIZITO BEYUO FOR THE DEFENDANT/RESPONDENT/RESPONDENT.

JUDGMENT

DOTSE, JSC

The facts leading to this case show a classic example of how time that is lost, can never be regained. We cannot but agree more with George Washington, in his letter to James Anderson, December 21st 1797, when he wrote thus:-

“The man who does not estimate time as money will forever miscalculate.”

In view of the many suits that had been previously filed by the Appellants in this case, we deem it expedient to set out in some detail the facts that have given rise to the instant appeal. In doing so, we consider it important to set out in a historical context the antecedents of all the previous suits and relate their relationship to the instant appeal.

The plaintiffs/appellants/appellants (hereinafter referred to as the Appellants) in suit number OS 557/97 by originating summons in the High Court claimed for a declaration that they were the holders in due course and entitled to receive from the defendants/respondents/respondents (hereinafter referred to as the Respondent) t…

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