NII AYIKAI III vs. THE REGIONAL LANDS OFFICER AND NII ADAM KWATEI QUARTEY

There is a motion on notice to dismiss action or stay proceedings until the determination of the same suit brought by the Plaintiff. Counsel for 2nd Defendant deposed to a supplementary affidavit on 27th February, 2019 with annexed exhibits Q2 and Q3. These are a ruling by Justice Abadah dismissing the Plaintiff’s action and the writ of summons in that suit respectively. Counsel for the 2nd Defendant/Applicant is now seeking to amend the relief he seeks in the instant application. He now wants this court to dismiss the Plaintiff’s action on the grounds that an earlier suit between the same parties and in respect of the same subject matter has been dismissed by the High Court differently constituted (coram: Justice Anthony Kofi Abada). See Exhibit Q2. For that reason, the present suit is caught by the principle of “estoppel per rem judicatam” and same must be dismissed. The procedure adopted by the 2nd Defendant/Applicant in bringing this application is flawed. The Supreme...