PAUL AND OTHERS vs. KOKOO

JUDGMENT OF ADUMUA–BOSSMAN J.S.C. The action resulting in this appeal was instituted by the plaintiff-appellant-respondent (hereinafter shortly referred to as the plaintiff) against the defendants-respondents-appellants (hereinafter referred to as the defendants) in the Brong-Ahafo (South) Local Court at Goaso. The plaintiff alleged that he was the owner of scrub and an adjacent forest situate on land called Asuokokoo Agya on Mim stool land, with boundaries as set out in the summons, but that without his consent, the first defendant sold the said scrub and forest to the second and third defendants, wherefore he claimed declaration of his ownership and an injunction to restrain the defendants from having anything to do with the said land. Before the trial commenced the second defendant moved the court to “strike out and non-suit the plaintiff on the legal ground of res judicata,” alleging that the dispute had previously been decided in his favour by the award of a customary ar...