BOAFO vs. GYETUA

JUDGMENT OF DJABANOR J. This is an appeal from the judgment of the local court magistrate of the Kumasi West Local Court sitting at Teppa who gave judgment for the defendant thereby dismissing the plaintiff’s claim for ownership, title and occupation of a cocoa farm described in the writ of summons. The case went to the High Court on appeal and was sent back to the local court for re-trial. At this point it may be convenient to consider two points of law raised. One was that the defendant is estopped from denying the plaintiff’s title to the land because in a previous litigation between the plaintiff and another man in which judgment went for the plaintiff, the defendant gave evidence for the then loser. Another point raised was that this case had been adjudicated upon before between the parties and that the plaintiff cannot now reopen it. I regret that I am unable to uphold either of these submissions. The most important requirement for either of these submissions to su...