Customer Support

FERYUST LTD.
V.
OHENE AGYEKUM ALIAS 2 GUYS

(2019) JELR 63659 (HC)

High Court 14 Jan 2019 Ghana
BriefBot icon

BriefBot Summary

Free

- The defendant/applicant filed an application to dismiss the plaintiff's action for being an abuse of the court process. - The applicant argued that the plaintiff should only be allowed to raise the issue of fraud in challenging a consent

Case Details

Suit Number:SUIT NOT. C1/17/20110
Judges:FRANCIS OBIRI (HIGH COURT JUDGE)
Counsel:CHARLES AGBANU FOR RESPONDENT ,KWAME ADOM APPIAH FOR APPLICANT

OBIRI, J.

On 8th November, the defendant/applicant hereinafter called the applicant filed the instant application through his counsel. The gravamen of the application is that, the plaintiff action should be dismissed for being an abuse of the court process. The application is supported by affidavit. The main contention of the applicant can be found in paragraphs 6, 8 and 9. I will quote them in this ruling.

(6) That I have been advised and verily believe same to be true that, the plaintiff, having pleaded fraud in order to challenge and have a consent judgment entered in my favour set aside, he is not permitted to set up any other reliefs in this particular suit except on the issue of fraud and fraud only.
(8) That I am advised and verily believe same to be true that, until and unless the valid consent judgment entered by the High Court in 2002, Exhibit OA is set aside, a court of coordinate jurisdiction lacks jurisdiction to make pronouncement or orders to adversely affect the potency o…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.