The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

The total costs of litigation shall be borne individually by each party.

purport, purport, and.

Facts of recognition

A. On October 30, 2003, the Plaintiff filed a lawsuit against the Defendant for the repayment of the loan claim stated in the purport of the claim against Seopopo District Court 2003Gapo1912, Seopoposi District Court 2003Gapo District Court 2003Dapo11912, and received a favorable judgment through service by public notice on February 26, 2004. The above judgment became formally final and conclusive on March 24, 2004.

B. On April 21, 2014, the Plaintiff filed a second suit for the interruption of extinctive prescription of the instant judgment with this Court Decision 2014 Ghana10321, and received the judgment of the first instance court by public notice on May 30, 2014. The said judgment became final and conclusive on June 24, 2014.

C. The defendant filed a subsequent appeal against each of the above judgments, and all of the two cases are pending in this court.

[Ground of recognition] Facts without dispute, significant facts in this court, purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not, with respect to the determination on the legitimacy of the instant lawsuit.

According to the facts of recognition, due to the defendant's legitimate appeal, the same lawsuit as to the claims stated in the purport of the claim has continued to be filed in duplicate.

The lawsuit of this case filed later among two lawsuits pending before this court is unlawful in violation of the prohibition principle by Article 259 of the Civil Procedure Act.

3. The instant lawsuit is unlawful and thus, the judgment of the court of first instance is revoked, and the instant lawsuit is dismissed.