OSAFO VRS NETTEY (C1/34/20) [2024] GHACC 213 (19 June 2024)

OSAFO VRS NETTEY (C1/34/20) [2024] GHACC 213 (19 June 2024)

The subject matter of the instant case has already been litigated and determined in prior judgments, which operate as judgments in rem and estop both parties and their privies from relitigating the same land. Accordingly, both parties are estopped per rem judicatam from pursuing claims over the disputed land.

Citation
OSAFO VRS NETTEY (C1/34/20) [2024] GHACC 213 (19 June 2024)
Parties
Plaintiffs: Mr & Mrs Gad Agyarko Osafo; Defendant: Blee Nii Okaitey Nettey
Court
ghacc
Jurisdiction
Ghana
Judgment Date
19 June 2024
Procedural Posture
Civil Land Dispute / Final Judgment
Outcome
Both parties are estopped from relitigating the subject matter; defendant's counterclaim dismissed; costs awarded to plaintiffs.
Legal Topics
Declaration of Title, Trespass, Perpetual Injunction, Res Judicata, Estoppel, Damages, Possession
Source Language
eng
Property Law Civil Procedure Declaration of Title Trespass Perpetual Injunction Res Judicata Estoppel Damages +1 more

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Parties

Mr & Mrs Gad Agyarko Osafo

Plaintiffs

Blee Nii Okaitey Nettey

Defendant

Procedural Posture

Civil Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether plaintiffs acquired title to the disputed land
  2. 2 Whether defendant is estopped from claiming the land
  3. 3 Whether parties are estopped per rem judicatam from relitigating the subject matter

Ratio Decidendi

The subject matter of the instant case has already been litigated and determined in prior judgments, which operate as judgments in rem and estop both parties and their privies from relitigating the same land. Accordingly, both parties are estopped per rem judicatam from pursuing claims over the disputed land.

Court Disposition

Both parties are estopped from relitigating the subject matter; defendant's counterclaim dismissed; costs awarded to plaintiffs.

Orders

  • Defendant's counterclaim dismissed under Order 36 rule 2(a)
  • Costs of GHȼ5,000.00 awarded to plaintiffs against defendant