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ADAKLU DISTRICT ASSEMBLY V. ROS AUTO COMPANY LTD

(2020) JELR 111140 (HC)

High Court 17 Nov 2020 Ghana
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- The plaintiff District Assembly filed a lawsuit to nullify a judgment obtained by the defendant company, claiming it was obtained through fraud. - The plaintiff sought various reliefs, including setting aside the judgment, recovering a pa

Case Details

Suit Number:SUIT NO. E2/17/2020
Judges:GEORGE BUADI J.
Counsel:Mr. Raymond Akpatsa for the Plaintiff; Mr. Nelson M Kporha for the Defendant.

JUDGMENT

1.0 Background

1.1 The plaintiff District Assembly commenced this suit by a writ of summons and a statement of claim. That was on 14 February 2020. The writ was issued principally to nullify and invalidate the judgment that the defendant company had earlier in this court obtained against plaintiff Assembly. According to the plaintiff, the said judgment was actuated by fraud. The plaintiff is thus by this suit praying the court to set aside the judgment that the defendant herein on 23 January 2020 obtained against the plaintiff. 

1.2 The writ of summons and the statement of claim were later upon application amended on 8 April 2020. Plaintiff once again sought leave to amend the statement of claim to provide the gaping gap of non-existent requisite details and particulars of the fraud allegation as required by Order 11 Rule 12 of the High Court (Civil Procedure) Rules, 2004, CI 47. By the amended writ and the amended statement of claim, the plaintiff Assembly prays for the followi…

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