NII NORTEY ABRANTIE
V.
FELIX NORTEY OTOO

(2016) JELR 107664 (HC)    
High Court  ·  BMISC/765/2012 ·  17 Oct 2016 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO
Core Terms Beta
plaintiff
counsel
1st defendant
property
court
supreme court
defendants
legal arguments
2nd defendant
high court
statement of claim
plaintiff’s counsel
point of law
edward kabu otoo
late father
reuben otoo
subject matter
subject-matter
former american embassy annex
legal submissions of counsel
nora otoo
present 1st defendant
1st january
1st november
case of nora otoo
early stage
grounds of fraud
highest court of the land
issues of fraud
late gedeliah teye otoo
learned jurist
light of the above stated principles
plaintiff claims
plaintiff’s application
rules of the high court
said point of law
said testator
subject matter of controversy
suit no. f2536

JUDGMENT 

______________________________________________ Introduction: 

[1] Given the policy concern for finality in litigation and avoidance of inconsistent judicial  outcomes which underlies the doctrine of res judicata, parties cannot avoid the application of the  doctrine by either choosing to exclude themselves from a hearing in which they are a party or an  issue raised or could have been raised in a litigation. The legal principle of estoppel res judicata is the centrepiece to this suit.

Background

[2] The subject matter of controversy in this suit is a property known as the Old American  Embassy Annex located at Osu, Accra. The Plaintiff claims as per his ‘Amended-Amended Writ  of Summons and Statement of Claim filed 30-03-2016 the following reliefs against the  Defendants: 

i. An Order setting aside of the portions of judgment in Suit No. F2536/2002  entitled NORA OTOO and ORS V. REUBEN OTOO and ORS dealing with  House No. 8, 10th Lane (former American Embassy Annex) Ringway …

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