MRS. ISSABELLA ODI AGGREY vs. DANIEL FIANKO

MARIAMA OWUSU, J.A. The issue for determination in this appeal is whether or not the Plaintiff/Appellant in this case who has been declared owner of the disputed land described in her writ of summons, an order of perpetual injunction restraining the Defendant, his agents, assigns, etc from interfering with the said parcel of land can institute a fresh action for recovery of possession of the said land. In order words, is the Plaintiff/Appellant estopped from instituting a fresh action for recovery of possession of the land in dispute. The facts of this case are not in dispute. The Plaintiff/Appellant (herein after referred to as Appellant) in Civil Appeal No. 54/5/08 dated 30-7-08 at the Supreme Court was declared owner of a land endorsed on her Writ of Summons. The claim was for: a. “A declaration of title to all that piece of land situate lying and being at a place commonly called Amanfo in Mampong-Akwapim boarded on the North by the property of Mr. Emmanuel Obuobi on .....