EBUSUAPANYIN ARMAH NYAMEKYE vrs TUFUHENE ANYIMACHIE

[1] This appeal challenges the Ruling of the High Court, Sekondi, delivered on February 3, 2023, which struck out the suit filed by the Plaintiff/Appellant (hereinafter "Appellant") as an abuse of court process. The central issue was whether a party who discontinues a suit without leave of the court may later initiate a fresh action seeking the same reliefs. The Ruling appears at pages 205 to 214 of the Record of Appeal.

[2] A brief background and procedural history, as derived from the Record of Appeal, is in order. The Appellant, purporting to be Head of Family of the Ediemi Kpanyili Ezohele Family of New Nzulezu, commenced the present suit***, Ebu. Armah Nyamekye v. Tufuhene Anyimachie*** (Suit No. E2/40/21) by issuing a Writ of Summons and Statement of Claim at the High Court, Sekondi, on May 5, 2021, for and on behalf of the said Family.

[3] The gravamen of the Appellant’s case in Suit No. E2/40/21 was that the Defendant/Respondent (hereinafter "Respondent") and four (4) unidentified persons unlawfully entered the land in dispute and destroyed coconut farms belonging to the Appellant’s ancestors. The Appellant sought the following reliefs:

“a. General damages for trespass.

b. Recovery of the value of the total of 2008 coconut trees cut down and destroyed by the defendant at GH¢300.00 per tree.

c. Recovery of future earnings from the coconut trees cut down.

d. Account of all sums of money received by the defendant for the sale of the disputed land to developers.

e. An order directed at the defendant to refund the monies so collected to the plaintiff.”

The Writ of Summons and Statement of Claim are contained at pages 1 to 2 of the Record of Appeal.

[4] On June 22, 2022, the Respondent applied to strike out Suit No. E2/40/21 as an abuse of court process, contending that he had previously been sued by one Daniel Mensah in the case titled Daniel Mensah v. Tufuhene Anyimachies (Suit No. E1/16/17), also purporting to represent the same Ediemi Kpanyili Ezohele Family of New Nzulezu as Head of Family,

and seeking identical reliefs.

[5] The Record of Appeal indicates that the earlier suit, Suit No. E1/16/17, was discontinued by a Notice of Discontinuance personally filed by Daniel Mensah, on the grounds that the matter had been settled. Pursuant to this notice, and despite the absence of Mr. Mensah’s Counsel, the High