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EASTERN ALLOYS COMPANY LIMITED v. SILVERSTAR AUTO LIMITED

2018

SUPREME COURT

GHANA

CORAM

  • AKUFFO (MS), CJ (PRESIDING)
  • ANSAH, JSC
  • ADINYIRA (MRS), JSC
  • YEBOAH, JSC
  • BAFFOE-BONNIE, JSC

Areas of Law

  • Civil Procedure
  • Contract Law

AI Generated Summary

The Appellant, Eastern Alloys Company, initially sued Silver Star Auto Ltd for damages relating to 25 Mercedes Benz trucks. The claim was struck out by the High Court and this decision was affirmed by the Court of Appeal on the grounds of abuse of process due to earlier litigation settled by consent in 2008. The Supreme Court dismissed the appellant's appeal, holding that the re-litigation of issues previously settled amounted to an abuse of process under the rule in Henderson v. Henderson. The Court affirmed that finality in litigation and public policy considerations preclude piecemeal litigation. This conclusion was agreed upon by all concurring justices.