AHINGUA FAMILY vs. REBECCA KORKOR ADJEI AND JADA ESTATES LIMITED

MOTION TO DISMISS SUIT ON GROUNDS OF ESTOPPEL AND ABUSE OF LEGAL PROCESS Per a Motion On Notice filed in this case on 22/05/12, the defendants/applicants are seeking an order of this court dismissing the Plaintiff’s Writ of Summons on grounds of res judicata and an abuse of legal process in terms of Order 9 rr 7 & 8 of CI 47. It is the case of the defendants/applicants that the instant matter has been tried and determined by the Dodowa District Court. They claim that the land, the subject matter of this present suit is the same as that piece of land in the earlier suit. In moving the application, learned Counsel for the defendants/applicants referred the court to the judgment of the District Court (Exhibit 1) and submitted that learned Counsel for the Plaintiff in this present case filed an appeal against that judgment delivered sometime in the year, 2003. Additionally, he said, whilst the appeal was still pending at the Koforidua High Court, the same Counsel filed a .....