DARKO ASARE JSC:-

1. This appeal emanates from the judgment of the Court of Appeal dated the 15th July 2021, which affirmed the trial court’s refusal to uphold the Defendant/Appellant’s plea of res judicata, aimed at defeating the further prosecution of this instant suit. The trial court had concluded its decision with the following pertinent remarks:-

As already stated, the issues in the prior suit had to do with 3 vessels, MT Imperial, MT Stream and MT Eleousa. The dates for the agreements in respect of the said vessels were 2nd July 2005 and 17th February 2006. The issues pending in this suit are matters involving a single vessel MT ANNA and the dates on the agreement relative to the action are 6th November 2006, 1st January 2007 and 15th November 2008. These are 2 different actions and Suit No. RPC/248/08 determined on 8th August 2014 is an entirely different suit from the one currently pending in Suit No. BDC/22/07. The matter cannot therefore be said to be Res Judicata. The plea fails and is dismissed. Hearing of the matter I to proceed with the filing of Witness Statements

1. It is this somewhat seemingly simple and straightforward interlocutory decision dated the 5th day of February 2018, that has spawned the appeal processes up to this stage.

2. Although judging by the length of time this interlocutory appeal has travelled from the trial court through the intermediate appellate court to this apex Court, this case can be described as a marathon one, the facts on which both Parties to this appeal have relied upon, are actually far from complex. In view of the somewhat extensive points of law canvassed in this appeal, it is necessary to relate the facts as briefly as is consistent with clarity.

FACTS

1. The original lawsuit involved Clan Marine Ltd (as Plaintiff) and Prudential Bank (as Defendant), with Clan Marine seeking the following reliefs, which may be summed up as follows:-

i) Recovery of Hire Payment: $295,831.04 due to non-payment by Prudential Bank, despite repeated demands, based on the Time Charter Party Agreement and the bank's letter of undertaking.*

ii) Extra Expenses in the sum of $142,895 to cover costs incurred due to the arrest and detention of the ship MT ANNA in Nigeria while under the control of Crescent Africa (Ghana) Ltd.

*iii) Daily Hire Rate, in the form of an order for Prudential Bank to pay $6,950 daily as per the Time Charter Party Agreement and t