REPUBLIC vs. THE HIGH COURT, LAND DIV. (7) ACCRA, EXPARTE: THE REGISTERED TRUSTEE OF EAST DADEKOTOPON, DEVELOPMENT TRUST ADOLPH TETTEH ADJEI, ANAS AAREMEYAW ANAS AND HOLY QUAYE

The 1st Interested Party sued the 2nd and 3rd Interested Parties for declaration of title to 2 acres of land at East La Dadekotopon, damages for trespass, recovery of possession, and injunction. The 2nd and 3rd Interested Parties applied to dismiss the suit on grounds of res judicata based on a prior 2010 judgment by Ofori Atta J, which had been appealed and compromised by a Consent Judgment later declared void for fraud by Abada J. The matter had been remitted for trial after the Court of Appeal reversed the dismissal. Subsequent conflicting judgments and rulings, including a 2019 judgment by Abada J and its partial quashing by the Supreme Court, complicated the dispute over land ownership and the validity of prior judgments and consent decrees.

TORKORNOO (MRS), JSC:- The matters in controversy in this application for an Order of Certiorari have zig-zagged between the High Court, the Court of Appeal and the Supreme Court, since 2017, and unworthily so. BACKGROUND On 8th March 2017, the 1st Interested Party herein sued the 2nd and 3rd Interested parties in a suit titled and numbered Adolph Tetteh Adjei v Anas Aremeyaw Anas, Holy Quaye Suit No LD/0256/2017 for declaration of title to 2.0 acres of land situate at East La Dadekotopon, damages for trespass, recovery of possession and injunction to restrain further trespass. After entering appearance and without filing a defence, the 2nd and 3rd Interested Parties prayed the high court presided over by Justice Gyimah for an order to dismiss the suit on the ground that it is an abuse of process. According to the Ruling of Gyimah J attached to the application before us as Exhibit B and dated 31st August 2017, the ground for their application was that the issue of ownership of ...