TINDANA AGONGO AKUBAYELA vs. YAKUBU AWABEGO

BARTELS-KODWO J.A. This is an appeal by the Respondent/Appellant (to be known in this judgment as the Appellant) against the ruling of the High Court, Bolgatanga dated 29th October, 2019 in which the High Court granted relief to the Respondent. The Supreme Court is stated to have dismissed this same relief against the Applicant/Respondent (to be known in this judgment as the Respondent) in 2016. By an Originating Summons filed on 11th June, 2019, at the High Court the Respondent sought to enforce the judgment of the Supreme Court dated 23rd November, 2016. The Appellant dissatisfied with the ruling of the High Court filed this Appeal. BACKGROUND FACTS The facts briefly are that the parties herein owned land contiguous to one another in Bolgatanga with the Appellant’s land called Tindonsobligo and the Respondent’s land at Kalibeo. It is the case that in a matter of compensation the Respondent’s predecessor took out an action in the High Court, Bolgatanga in the year 2007 se...