EBUSUAPANYIN KWEKU ADJEI (PLAINTIFF/RESPONDENT) vs. NANA KUNTU ABABIO II (DEFENDANT/APPELLANT)

ASARE KORANG, JA This is an appeal from a decision of the High Court that upheld the claim of the plaintiff to whom I shall for convenience in this proceedings refer as the respondent and to the defendants in the court below similarly refer as the appellants. In the decision the subject matter of these proceedings the learned trial judge in a considered opinion delivered at the end of a full scale trial upheld the claim of the respondent. It appears from the judgment on which this appeal turns that she took the view that there was a previous decision which the parties before her fought in the same rights and in relation to the same subject matter; therefore the action was caught by the principle of res judicata. In the ground of the appeal argued before us it is unfortunate that the learned counsel in the matter did not in my thinking appreciate that from the evidence placed before the court below and the cross-examination of the various deponents the action actually raised for t...