EMMANUEL TETTEH BLEBO & ANOR vs. SAMUEL YAW OPATA & ANOR

ABBAN (MRS), J.A. This is an interlocutory appeal against the ruling of the High Court (Fast Track), Accra delivered on the 5th day of November 2008. The ruling went against the Defendants/ Appellants and being dissatisfied, they have appealed against same to this court. The facts which have resulted in this appeal are as follows: On the 14th November, 2007, the Plaintiffs/Respondents (hereinafter referred to as the Respondents) issued out a writ claiming a declaration of title to land against the 1st Defendant/Appellant (hereinafter referred to as the Appellant). The appellant in his defence raised an issue of estoppel per rem judicatam. On 25th July, 2008, the High Court in its judgment sustained an objection by the 1st appellant that the same subject-matter had been litigated over by the fathers of the parties in this present suit in 1976 and judgment had been given in favour of the family of the appellant herein. In the suit before the High Court, the appellant did not deny...