[2011]DLCA3087 • June 24, 2011 • Court of Appeal
SAMATA ALHASSAN vs. RAMATU ADAM
MARIAMA OWUSU J.A. This is an Appeal by the Plaintiff/Appellant (hereinafter referred to as Appellant) against the judgment of the High Court, Tamale, dated the 21st day of July, 2010. In dismissing the Plaintiff’s claim, the Court Held as follows: “I have looked at the pleadings of the parties after investigating the evidence and considered the issue whether or not there is a subsisting judgment in which the issues raised in this instant action have been conclusively and effectively dealt with by Ansah J. (as he then was). I have found as a fact that indeed Ansah J. had determined the issues raised in the 23rd January 1993 judgment in suit No LS.4/88. It will therefore be unproductive to go on to consider the issues raised all over again. I am aware that full evidence was led in this case. But there is robust evidence which operates as estoppel per rem judicatam against the plaintiff from re-litigating the flames of a litigation which has been ...