EMMANUEL TETTEH BLEBOO & ORS v. SAMUEL YAO OPATA & ORS

MARFUL-SAU, JA:-This appeal is taken from the judgment of the High Court (Fast Track Division), Accra dated the 25th July 2008. The Plaintiffs would be referred to as Appellants and the first Defendant would be known simply as the first Respondent in this appeal. The appellants by their amended writ dated the 27th December, 2007 claimed the following reliefs:-

1. Declaration of title to the disputed land.

2. A declaration that the learned Magistrate’s judgment of the 7th October, 1976 was made in excess of jurisdiction and therefore the said judgment is null and void.

3. An order that any grant made by the said first defendant be rendered null and void.

4. An order that any grant made by the said first defendant through the Land Commission be rendered null and void.

5. An order that the second defendant should expunge any registration made through a grant by the first defendant.

6. An order of perpetual injunction to restrain the first defendant, his servants, agents and assigns from interfering with the plaintiffs land.

7. An order that the judgment made on the 7th October 1976 was clearly made per incuriam.

8. Damages for trespass to the plaintiffs land.

The Appellants described the land they were claiming as follows:-

‘’All that land situate at Dodowa on Accra-Somanya road between kilometer 46 and 49 containing an approximate area of 997 acres of land and bounded on the North by Shai stool lands, measuring more or less on the south by the vendors land more or less on the East by the vendors land measuring more or less which piece or parcel of land is more particularly delineated on the plan.’’

Reading the judgment of the trial court it seems the plaintiffs filed various process amending their pleadings, which process were adopted by the parties and the court. (See page 197 of the Record of Appeal)

The appellants claim of ownership of the land the subject of the dispute was disputed by the first respondent who relied on a judgment of the District Court, Dodowa dated the 27th October 1976, a fact recited by the appellants in their statement of claim. Having raised the defence of res judicata, the trial court ordered a trial to ascertain whether the land the subject matter of the 1976 suit was the same as the present action. At the end of a short trial judgment was entered for the first respondent on the defence of estoppels per rem judicatam.

It is this judgment that the appellants are seeking to reverse in this appeal. The notice of