[2010]DLSC2577 • May 19, 2010 • Supreme Court •
JOHN ATTA WUSU vs. MR. FOSUHENE
The plaintiff/respondent filed a writ in June 2002 claiming declarations of title, damages for trespass, and injunctions relating to a plot of land in Buokrom near Kumasi. The defendant/appellant counterclaimed for declarations of title and damages concerning the same property. The plaintiff discontinued the initial action with leave to refile. Subsequently, the plaintiff instituted a fresh action on the same subject matter while the defendant's counterclaim was still pending. The defendant applied to dismiss the fresh action as an abuse of court process, which was granted by the trial court but reversed by the Court of Appeal. The Supreme Court was called to determine the correctness of the Court of Appeal's decision.
read moreBAFFOE-BONNIE, JSC:- This is an appeal from the Court of Appeal. Coram Akoto Bamfo JA (as she then was) Osei and Duose JJA allowing an appeal from the judgment of the trial High Court Judge which was given in favour of the appellant herein. The facts in this case are fairly simple and straight forward. In June 2002, the plaintiff/appellant/respondent herein referred to as Respondent filed a writ claiming; a. Declarations that the plaintiff is the allotee/lessee of plot №Y block XXXXIV Buokrom near Kumasi. b. Damages for trespass. c. An order of perpetual injunction restraining the defendant either by himself or through his agents and /or workmen from in any manner interfering with plaintiff’s said property plot 7 block XXXIV Buokrom near Kumasi. The defendant/respondent/appellant hereafter appellant, filed a defence and counter claimed for; i. A declaration of title in favour of defendant and the wife Mrs. Fosuhene to the property known as Plot no. 7 block XXXIV B...