NII KPOBI TETTEY TSURU III vs. THEOPHILUS SOWAH ANNANG, C. S. LARYEA AND JOSEPH NII TORGBOR OBODAI II

KUSI-APPIAH, J.A.: The plaintiff/appellant (hereinafter referred to as the plaintiff) has had to travel down to the High Court through the Court of Appeal from the Supreme Court. I believe that his ascent to this court, the second time, was much influenced by what Her Ladyship Justice Barbara Ward Acquah (Mrs.) said or directed in her opinion in the High Court, Accra on 2nd May, 2012 at page 200 of the record; “1. The plaintiff is estopped from setting up a claim of fraud having failed to raise same before the High Court and Supreme Court and 2. The plaintiff’s claim in the instant suit are matters already raised before the High Court and the Supreme Court and in respect of which judgment was given and therefore res judicata.” It was against this decision that the appeal was lodged in this court on grounds formulated as follows:- “a. No particulars/full details of facts constituting estoppel were pleaded by defendants/respondents. b. Specific allegations of facts pl...