Customer Support

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

(2011) JELR 68526 (SC)

Supreme Court 20 Apr 2011 Ghana
BriefBot icon

BriefBot Summary

Free

- Supreme Court affirmed the lower courts’ decision that the plaintiff’s suit was barred by estoppel per rem judicatam, as the prior judgment (suit AB1/2003) between the same parties on the same facts was final and conclusive. - The purport

Case Details

Suit Number:CIVIL APPEAL NO. J4/51/2010
Judges:WOOD (MRS) CJ (PRESIDING), DOTSE JSC ,YEBOAH JSC, GBADEGBE JSC,AKOTO-BAMFO JSC
Counsel:KOFI PEASAH BOADU FOR THE PLAINTIFF/APPELLANT/APPELLANT , KWASI AFRIFA WITH HIM KWABENA POKU MENSAH FOR THE DEFENDANTS/ RESPONDENTS/RESPONDENTS.

JUDGEMENT

WOOD (MRS.) C.J

On the 10th July, 2008, the Court of Appeal unanimously affirmed, subject to a slight variation, the decision of the trial High Court dated the 26th 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 3rd 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 1st Defendant Company by plaintiff Bank on 19th August 2002 and interest on the sum at 43 % per annum.

What appears on th…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.