ANIM-ADDO AND OTHERS v ADDAE-MENSAH AND OTHERS [1995-96] 1 GLR 15-19

Practice and procedure—Action for accounts—Application for order for accounts—Application under Order 15 of LI 1129—Preliminary objection that action res judicata—Meaning of phrase “on the hearing of the application” in Order 33, r 1(3) of LN 140A as substituted by LI 1129—Matters regarded as preliminary issues—Difference between preliminary issue and defence or answer to application—Whether res judicata to be dealt with as preliminary issue—High Court (Civil Procedure) Rules, 1954 (LN 140A), Order 33, r 1(3)—High Court (Civil Procedure) (Amendment) (No.2) Rules, 1977 (LI 1129), r 2(c).