MENDS METAL WORKS LTD. (PLAINTIFF/APPELLANT) vs. P. T. ODONKOR (DEFENDANT/RESPONDENT)

MARFUL-SAU, JA:-This appeal is against the ruling of the High Court sitting at Sekondi on the 20th July, 2010. In the said ruling the trial High Court dismissed the appellant claim under Order 11 Rule 18 on grounds that the action commenced by the appellant was an abuse of the court process; the reason being that the issue raised in the action had been determined by the High Court in a matter appealed from the District Court. The brief facts of this case are that in 1977, the defendant/ respondent herein to be called the respondent brought an action against one Mr. Mends at the District Court, Sekondi and obtained judgment against the said Mr. Mends. Dissatisfied with the judgment Mr. Mends appealed to the High Court Sekondi and the appeal was dismissed on the 6th of November 2008. It is necessary to state that the dispute between the parties was the ownership of plot number 57, Kokompe Layout, Takoradi. The record shows that at the trial in the District Court which went on appeal to ...