OPANYIN EKOW ACKON vs. HELINA AWORTWE (SUBSTITUTED BY CHARITY ASSAFUH), BROTHER KWAME {SUBSTITUTED BY DANIEL KWESI AWORTWE} & 2ORS AND OPANYIN EKOW ACKON BERNARD DONKOH, GEORGE DADZIE & 3ORS.

JUDGMENT This appeal borders mainly on the issue of estoppel res judicata and whether a writ can be issued to recover possession of property after title has been declared in favour of a party. The appeal emanates from the judgments of the District Court, Sekondi dated 7th November, 2019. BACKGROUND FACTS The background facts leading to this appeal are that the original plaintiff in both cases caused to be issued a writ against Helena Awortwe and others at the District Court, Sekondi claiming the following reliefs: 1. Recovery of Possession of the rooms occupied individually by defendants in plaintiff’s Ntwea family’s house No. 37/2, Annor Adjei Road, Takoradi for i. non-payment of rent and ii. denial of the plaintiff’s Ntwea family’s title to the said property. 2. Mesne profit Plaintiff later caused to be issued another writ against Bernard Donkoh and 4 others and claimed reliefs the same as in the first. The two suits were consolidated by the District Cour...