THE TRUST BANK LIMITED
V.
G.K. APPIAH & SONS LIMITED, GODFRED APPIAH AND GEORGE K. APPIAH

JUDGEMENT

WOOD (MRS.) C.J

On the 10^th July, 2008, the Court of Appeal unanimously affirmed, subject to a slight variation, the decision of the trial High Court dated the 26^th January, 2007. The plaintiff/appellant/appellant, has approached this court, yet again questioning the decision of the appellate court, on two grounds, namely that:

“The judgment is against the weight of evidence.

The learned Justices of the Court of Appeal erred in law when they held that Plaintiff/Appellant is stopped per rem judicatam from initiating this suit.”

It would be useful to briefly set out the facts leading to this appeal. The appellants have sued the defendants/respondents respondents and one Kofi Appiah, (as 3^rd defendants), in the High Court, Commercial Division, to recover the sum of ¢544,870,775.63 (old cedis) being balance due and owing on account of banking facilities extended to 1^st Defendant Company by plaintiff Bank on 19^th August 2002 and interest on the sum at 43 % per annum.

What appears on th…