The Trust Bank Vrs G.K Appiah and Sons Ltd [2011] GHASC 21 (20 April 2011)

The Trust Bank Vrs G.K Appiah and Sons Ltd [2011] GHASC 21 (20 April 2011)

The order granting leave to discontinue with liberty to re-institute was a nullity as it was made after judgment and execution, contrary to the rules of court. The prior judgment subsists and is conclusive of the rights of the parties, thus the present suit is barred by res judicata.

Citation
[2011] GHASC 21
Parties
Plaintiff/appellant/appellant: The Trust Bank Limited; Defendant/respondent/respondent: G. K. Appiah & Sons Limited; Defendant/respondent/respondent: Godfred Appiah; Defendant/respondent/respondent: George K. Appiah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
20 April 2011
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Res Judicata, Estoppel, Discontinuance of Suit, Abuse of Process
Source Language
English
Civil Procedure Banking Law Res Judicata Estoppel Discontinuance of Suit Abuse of Process

Case Brief

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Parties

The Trust Bank Limited

Plaintiff/appellant/appellant

G. K. Appiah & Sons Limited

Defendant/respondent/respondent

Godfred Appiah

Defendant/respondent/respondent

George K. Appiah

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the judgment was against the weight of evidence
  2. 2 Whether the Court of Appeal erred in holding that the plaintiff/appellant was estopped per rem judicatam from initiating the suit

Ratio Decidendi

The order granting leave to discontinue with liberty to re-institute was a nullity as it was made after judgment and execution, contrary to the rules of court. The prior judgment subsists and is conclusive of the rights of the parties, thus the present suit is barred by res judicata.

Court Disposition

appeal dismissed

Orders

  • Decision of the Court of Appeal affirmed