DARKWA AND ANOTHER VRS. ADONTENG COMMUNITY BANK LTD. (J4/56/2021) [2022] GHASC 117 (15 June 2022)

DARKWA AND ANOTHER VRS. ADONTENG COMMUNITY BANK LTD. (J4/56/2021) [2022] GHASC 117 (15 June 2022)

The Supreme Court held that the interpleader proceedings were interlocutory, did not finally determine the issue of damages, and the parties and issues were not the same as in the present suit. Therefore, estoppel per rem judicatam and the rule in Henderson v Henderson did not bar the respondents from bringing a separate action for damages. The appeal was dismissed and the Court of Appeal's decision to remit the matter for trial was affirmed.

Citation
[2022] GHASC 117
Parties
Plaintiff/appellant/respondent: Ebenezer Darkwa; Plaintiff/appellant/respondent: Elizabeth Darkwa; Defendant/respondent/appellant: Adonteng Community Bank Ltd.
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
15 June 2022
Case Number
J4/56/2021
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
appeal dismissed
Legal Topics
Estoppel, Interpleader Proceedings, Res Judicata, Damages for Wrongful Attachment, Abuse of Process
Source Language
English
Civil Procedure Estoppel Interpleader Proceedings Res Judicata Damages for Wrongful Attachment Abuse of Process

Case Brief

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Parties

Ebenezer Darkwa

Plaintiff/appellant/respondent

Elizabeth Darkwa

Plaintiff/appellant/respondent

Adonteng Community Bank Ltd.

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether respondents are estopped per rem judicatam from claiming special damages in the instant suit
  2. 2 Whether the respondents are caught by the principle in Henderson v Henderson by pursuing damages in piecemeal

Ratio Decidendi

The Supreme Court held that the interpleader proceedings were interlocutory, did not finally determine the issue of damages, and the parties and issues were not the same as in the present suit. Therefore, estoppel per rem judicatam and the rule in Henderson v Henderson did not bar the respondents from bringing a separate action for damages. The appeal was dismissed and the Court of Appeal's decision to remit the matter for trial was affirmed.

Court Disposition

appeal dismissed

Orders

  • Judgment of the Court of Appeal dated 26th January 2020 affirmed
  • Instant suit to be tried at the High Court differently constituted