[2011]DLSC2627 • April 20, 2011 • Supreme Court •
THE TRUST BANK LIMITED vs. G.K. APPIAH & SONS LIMITED, GODFRED APPIAH AND GEORGE K. APPIAH
The Trust Bank Limited sued G.K. Appiah & Sons Limited, Godfred Appiah, George K. Appiah, and Kofi Appiah to recover a sum of ¢544,870,775.63 old cedis, being the balance due on banking facilities extended to the 1st Defendant Company, plus interest at 43% per annum. The defendants challenged the claim on grounds of fraud and res judicata, asserting that the matter had been previously adjudicated in suit AB1/2003. The trial court dismissed the suit on estoppel per rem judicatam, a decision affirmed by the Court of Appeal except as to the third defendant, Kofi Appiah, against whom the case was ordered to proceed on the merits.
read moreWOOD (MRS.) C.J On the 10th July, 2008, the Court of Appeal unanimously affirmed, subject to a slight variation, the decision of the trial High Court dated the 26th January, 2007. The plaintiff/ appellant /appellant, has approached this court, yet again questioning the decision of the appellate court, on two grounds, namely that: “The judgment is against the weight of evidence. The learned Justices of the Court of Appeal erred in law when they held that Plaintiff/Appellant is stopped per rem judicatam from initiating this suit.” It would be useful to briefly set out the facts leading to this appeal. The appellants have sued the defendants/respondents respondents and one Kofi Appiah, (as 3rd defendants), in the High Court, Commercial Division, to recover the sum of ¢544,870,775.63 (old cedis) being balance due and owing on account of banking facilities extended to 1st Defendant Company by plaintiff Bank on 19th August 2002 and interest on the sum at 43 % per annum. What appear...