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KOFI SARFO VS VIVIAN ODOOM

2024

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP ALEXANDER OSEI TUTU (J.)

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

This case involves a land dispute where the defendant sought to dismiss the suit on grounds of res judicata. The court ordered a Composite Plan for superimposition, which was carried out and subjected to cross-examination. The survey revealed that both parties claimed the same land, but while the plaintiff's site plan matched the ground reality, the defendant's did not. The defendant failed to provide a judgment plan and there were discrepancies in the acreage of their claimed land. Due to these issues, the court found it difficult to accept the defendant's argument that the current suit involved the same land as the previous case. Consequently, the court dismissed the defendant's motion to dismiss the present action. The case highlights the importance of accurate documentation and consistent land surveys in property disputes, as well as the need for clear evidence when claiming res judicata.

RULING