THE REPUBLIC vs. CIRCUIT COURT THREE, KUMASI AND NANA GUAKRO EFFAH & KATE ADJEI, EX PAARTE: YAW AMPONSAH, DR. NICHOLAS AND KOFI ASAMOAH

The legal puzzle which has led to this conundrum is part of a ruling delivered by Circuit Court three, Kumasi on 20th August, 2020 in Suit No. A9/17/2017. The case is entitled Nana Guakro Effah & Another V. Yaw Amponsah and two others. The court was presided over by His Honour Ebenezer Kweku Ansah, Circuit Court Judge. To put this delivery in its proper perspective, I wish to quote the portion of the ruling of the Circuit Court three, Kumasi, in respect of the above case which has necessitated this ruling. The trial judge held at page two in the penultimate paragraph of his ruling as follows: ’’I have listened to both parties and also read the cases cited by the applicant herein and I am satisfied that the writ before me be discontinued for the one at the High Court to be pursued. On the matter of the counterclaim, same cannot be allowed to be pursued by the defendants as it will mean, that the same matter is being litigated in two courts by the same parties and this sins again...