Kojo Tuffour Vrs Esther Amankwah [2022] GHACC 46 (12 December 2022)

The application is dismissed because the issues raised have already been determined by a court of competent jurisdiction, whose judgment is final and binding, thus operating as res judicata.

Citation: [2022] GHACC 46
Parties: Petitioner/respondent: Kojo Tuffour; Respondent/applicant: Esther Amankwah
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 12 December 2022
Procedural Posture: Family Law Application / Ruling on Interim Application
Outcome: application dismissed
Legal Topics: Paternity, Res Judicata, Child Naming, Court Order Enforcement
Source Language: English

Family Law Paternity Res Judicata Child Naming Court Order Enforcement

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Parties

Kojo Tuffour

Petitioner/respondent

Esther Amankwah

Respondent/applicant

Procedural Posture

Family Law Application / Ruling on Interim Application

Legal Issues

1 Whether the court should order the respondent to pay for a DNA test to determine paternity of the 7th child
2 Whether the respondent should be ordered to name the 7th child if found to be the father
3 Whether the matter is res judicata due to a prior judgment

Ratio Decidendi

The application is dismissed because the issues raised have already been determined by a court of competent jurisdiction, whose judgment is final and binding, thus operating as res judicata.

Court Disposition

application dismissed