Mante Vrs Similao and Others [2017] GHASC 32 (11 May 2017)

Mante Vrs Similao and Others [2017] GHASC 32 (11 May 2017)

The trial court erred by determining the issue of res judicata as a preliminary point of law without clarity on the identity of the disputed land, contrary to the requirements of Order 33 and established case law. The issue should have been determined at the trial after all evidence was received.

Citation
[2017] GHASC 32
Parties
Plaintiff/appellant: Ofei Kwaku Mante (Substituted by Rev. Alex Aryeequaye); Defendant: Mike Similao; Defendant: S. K. Botchway; Defendant: Kotei Botchway; Co Defendant/respondent: Nii Aryee Annang (Substituted by Evans Okai Anteh)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
11 May 2017
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Res Judicata, Preliminary Points of Law, Case Management
Source Language
English
Civil Procedure Res Judicata Preliminary Points of Law Case Management

Case Brief

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Parties

Ofei Kwaku Mante (Substituted by Rev. Alex Aryeequaye)

Plaintiff/appellant

Mike Similao

Defendant

S. K. Botchway

Defendant

Kotei Botchway

Defendant

Nii Aryee Annang (Substituted by Evans Okai Anteh)

Co Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in determining the issue of res judicata as a preliminary point of law before a full trial

Ratio Decidendi

The trial court erred by determining the issue of res judicata as a preliminary point of law without clarity on the identity of the disputed land, contrary to the requirements of Order 33 and established case law. The issue should have been determined at the trial after all evidence was received.

Court Disposition

appeal allowed

Orders

  • Case remitted to the trial court for re-trial in accordance with law.