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OFEI KWAKU MANTE
V.
MIKE SIMILAO, S. K. BOTCHWAY AND KOTEI BOTCHWAY

(2017) JELR 68816 (SC)

Supreme Court 11 May 2017 Ghana
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- The decision of the trial court to try the question of res judicata as a preliminary point of law was wrong. - The identity of the area to which the plea of res judicata relates must be clear. - Both areas must have a juridical identity w

Case Details

Suit Number:CIVIL APPEAL NO. J4/10/2016
Judges:DOTSE JSC PRESIDING, YEBOAH JSC, GBADEGBE JSC, BENIN JSC, PWAMANG JSC
Counsel:AYIKOI OTOO FOR THE PLAINTIFF/APPELLANT; S. R. BREMPONG FOR THE RESPONDENT/RESPONDENT.

GBADEGBE JSC:-

We have given careful thought and consideration to the appeal herein and come to the view that the decision of the trial court to try the question of res judicata as a preliminary point of law was wrong for the reasons which follow shortly. In the first place, at the time of the order being made, there was no certainty regarding the area in respect of which the plea of res judicata, if upheld by the court was to apply. In our opinion before a court of law can cause the issue of res judicata to be determined before a full scale trial, the identity of the area to which it relates in relation to the previous judgment on which the point is planked must be clear. In relation to the subject matter of the action herein the identity of the disputed land must either be the same or have a juridical identity with the area covered by the previous judgment; both areas must be relational, so to say. See: Radstock Co-op Industrial Society Ltd v. Norton- Radstock UD [1968] 2 All ER 59. …

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