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EBUSUAPANYIN KWEKU OKANTA & Ano v. ROSE OKYERE & 2 Ors

2021

COURT OF APPEAL

GHANA

CORAM

  • IRENE CHARITY LARBI (MRS.), JA (PRESIDING)
  • GEORGINA MENSAH-DATSA (MRS.), JA
  • YAW DARKO ASARE, JA

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

The Court of Appeal, per Georgina Mensah-Datsa, J.A., decided an appeal from the High Court, Agona Swedru, in a land dispute between members of the Aboradze family concerning Odum Wompekasa and Osedze lands near Agona Swedru. The first Respondent, head of the Aboradze royal family and descendant of Maame Abena Agyimaa, and the second Respondent, her customary successor, seek declarations over a larger tract; the Appellants, children of Abena Agyeiwaa, argued a District Court’s judgment over a single building plot rendered the case res judicata and moved to set aside the writ or stay proceedings. The High Court dismissed the motion, emphasizing the need for evidence and reading the writ together with the statement of claim under C.I. 47. On appeal, the Court held res judicata’s application hinges on identical subject matter, which is disputed, and must be determined after evidence. It affirmed the High Court and dismissed the appeal.

JUDGMENT