MENSAH VRS DAUDA (A1/26/12) [2024] GHADC 470 (1 July 2024)

MENSAH VRS DAUDA (A1/26/12) [2024] GHADC 470 (1 July 2024)

The plaintiff's claims are barred by res judicata as the issues, parties, and subject matter were previously determined in a final judgment, which remains unchallenged and binding. The proper remedy was to appeal or set aside the previous judgment, not to relitigate.

Citation
MENSAH VRS DAUDA (A1/26/12) [2024] GHADC 470 (1 July 2024)
Parties
Plaintiff: Kofi Mensah; Defendant: Amidu Dauda
Court
ghadc
Jurisdiction
Ghana
Judgment Date
1 July 2024
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's action dismissed as estopped by res judicata.
Legal Topics
Res Judicata, Estoppel, Land Ownership, Trespass
Source Language
eng
Civil Procedure Property Law Res Judicata Estoppel Land Ownership Trespass

Case Brief

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Parties

Kofi Mensah

Plaintiff

Amidu Dauda

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is estopped by res judicata from relitigating ownership and possession of Plots No. 276 and 297, Block 'A', Sector 2, Kintampo
  2. 2 Whether the defendant has trespassed onto the plaintiff's land

Ratio Decidendi

The plaintiff's claims are barred by res judicata as the issues, parties, and subject matter were previously determined in a final judgment, which remains unchallenged and binding. The proper remedy was to appeal or set aside the previous judgment, not to relitigate.

Court Disposition

Plaintiff's action dismissed as estopped by res judicata.

Orders

  • Plaintiff's suit is dismissed.
  • Defendant awarded costs of GHS 7000.00 with interest at 24.8% per annum.