GH - DARKO AND ANOTHER v. AMOAH

JUDGEMENT OF FRANCOIS J.S.C.

The dispute between the plaintiff and the defendant, originally a domestic storm in a tea cup, assumed serious dimensions when issues of lineage were raised. Thus, to a mild protest by the plaintiff at the cold response he had received from his acknowledged head of family, on his return from a short sojourn abroad, came the brusque renunciation from the defendant of any lineal ties he had with him. It was a public denunciation of consanguinity that could only provoke a legal suit for the determination of pedigree.

The suit was commenced at the Kyebi Executive and Amantoomiensa Council where the defendant moved for its dismissal on ground of res judicata. This plea failed, the tribunal ruling as follows: "We are satisfied that the defendant has failed to establish a case of res judicata. Motion therefore fails." The defendant did not appeal from this ruling but successfully applied for a transfer of the suit to the judicial committee of the Akim Abuakwa Traditional Council, where he raised as a preliminary issue, the self-same question of res judicata. It failed and a full trial of the consanguinity of the parties to the Osino stool was begun. The plaintiff won. Dissatisfied with the decision, the defendant appealed to the Eastern Regional House of Chiefs which also concluded in favour of the plaintiff. It was the third throw of the dice before the judicial committee of the National House of Chiefs that saw the reversal of the plaintiff's fortunes.

The plea of res judicata raised by the defendant before the two successive judicial constitutional courts and the earlier Kyebi Executive and Amantoomiensa Council, was of the variety which lawyers designate as "cause of action estoppel: see Robertson v. Reindorf [1971] 2 G.L.R. 289 at 302-304, C.A. Although we need not be detained long on this classification, the point of interest is that the defendant never suggested that the specie of res judicata he relied on in the three earlier tribunals arose from the finality of an arbitration settlement. This last cherry was ripe for picking only when the matter reached the National House of Chiefs. The National House of Chiefs declined to examine the issue of consanguinity of the parties to the Asona stool of Osino, and paid scant attention to the meticulous family history led in the two previous courts and carefully considered by the judicial committee of the traditional council.

It is necessary at this stage to discuss whether the di

JUDGEMENT OF FRANCOIS J.S.C.

It is necessary at this stage to discuss whether the di

DARKO AND ANOTHER v. AMOAH

Areas of Law

JUDGMENT