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JONES DOTSE JSC:
This appeal is an epitome of a phenomenon that is gradually creeping into the judicial and legal systems, and this is the difficulty of losing parties in previous litigations accepting the outcome of the decisions in those cases thereby respecting the age old principle that litigation must come to an end with the final resolution of previous and similar disputes albeit at the final apex court, in this instant the Supreme Court of Ghana.
The Plaintiffs/Appellants/Appellants, hereafter referred to as the Plaintiffs lodged an appeal against the judgment of the Court of Appeal dated 1st December, 2011 which confirmed an earlier decision of the High Court, Sekondi which was rendered on 15th June, 2010 in favour of the 2nd Defendant/Respondent/Respondent hereafter referred to as the Defendant.
FACTS OF THE CASE
On the 1st February 2007, the Plaintiffs herein instituted Suit No E1/16/07 in the High Court, Sekondi against the Defendants in which they claimed for themselves and other developers, the following reliefs:-
a. An Order of Perpetual Injunction Restraining the 1st defendant from deleting the leases made on West Anaja Planning Scheme Sectors B, C, D and f.
b. An order compelling the 2nd Defendant to show the source of the Plan submitted to the 1st Defendant for plotting.
c. An order deleting the plotting of the plan submitted to the 1st Defendant by the 2nd Defendant for plotting.
d. Substantial damages against the 2nd Defendant for harassment and threat of death.
In order to understand the context of this suit and the earlier suits before it, it is desirable to quote in extenso some of the averments of the plaintiffs in their supporting statement of claim in respect of this suit No. E1/16/07. We will therefore reproduce paragraphs 1, 2, 3, 4, 5, 6 and 14 of the Plaintiffs statement of claim therein. These state as follows:-
“The 1st Plaintiff is the head of the Ebiradze Family of Anaji whilst the 2nd and 3rd Plaintiffs are the chairmen and Secretary of mount Zion residents Association and have instituted this action for themselves and other residents of the area within Sectors B, C, D and F of West Anaji Planning Scheme.
Sometime ago, the 1st Plaintiffs predecessors caused the areas within Sectors A, B, C, D, F and G of West Anaji Planning Scheme to be zoned as residential Plots.
One Mr. Nortey was seen developing a plot within sector ‘C’ of West Anaji Planning Scheme.
The 1st Plaintiffs predecessor Yaa Kwesi instituted actio