JUDGMENT
SOPHIA ADINYIRA (MRS) JSC
This an appeal against the Judgment of the Court of Appeal dated 6 November 2008 allowing an appeal against the judgement of the High Court (Commercial Division) Accra dated 27 July 2007 on the sole ground of estoppel by res judicata. In order to appreciate fully the issues raised for determination in this appeal we must look at the history of the whole litigation.
Background
The genesis of this appeal is that the plaintiffs/respondents/appellants (hereinafter plaintiffs) are the personal representatives of the late Comfort Mensah a Susu collector. The deceased in her lifetime operated two Savings Passbooks with Citi Savings and Loans Co. Ltd. with Account Numbers 3838 and 8541. The Defendant/appellant/respondent (hereinafter defendant) changed its name from Citi Savings and Loans Co. Ltd. to Intercontinental Bank (Ghana) Ltd. The plaintiffs undertook a reconciliation exercise in respect of the Passbooks A/C No. 3838 and 8541 respectively with bank state…