Eastern Alloys Company Ltd Vrs Silver Star Auto Ltd [2018] GHASC 26 (9 May 2018)

Eastern Alloys Company Ltd Vrs Silver Star Auto Ltd [2018] GHASC 26 (9 May 2018)

The appellant was aware of the defects and had the opportunity to raise them in the earlier suit but abandoned its counterclaim in a consent judgment. Allowing the present action would constitute an abuse of process under the rule in Henderson v. Henderson and the relevant procedural rules. There are no special or vitiating circumstances to justify relitigation.

Citation
[2018] GHASC 26
Parties
Plaintiff/appellant/appellant: Eastern Alloys Company Limited; Defendant/respondent/respondent: Silverstar Auto Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
9 May 2018
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Res Judicata, Cause of Action Estoppel, Striking Out Pleadings
Source Language
English
Civil Procedure Abuse of Process Res Judicata Cause of Action Estoppel Striking Out Pleadings

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Parties

Eastern Alloys Company Limited

Plaintiff/appellant/appellant

Silverstar Auto Limited

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the appellant’s action is an abuse of court process due to prior litigation and consent judgment
  2. 2 Whether the doctrine of res judicata and cause of action estoppel applies to bar the present suit

Ratio Decidendi

The appellant was aware of the defects and had the opportunity to raise them in the earlier suit but abandoned its counterclaim in a consent judgment. Allowing the present action would constitute an abuse of process under the rule in Henderson v. Henderson and the relevant procedural rules. There are no special or vitiating circumstances to justify relitigation.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The judgment of the Court of Appeal is affirmed.