GRACE ASUAMAH AND VICTOR OWUSU
V.
FELICIA ADOFO

(2021) JELR 108979 (CA)    
Court of Appeal  ·  H1/109/2020 ·  17 Jun 2021 ·  Ghana
CORAM
MARGARET WELBOURNE (MRS) JA PRESIDING, AMMA GAISIE (MRS) JA, ADJEI FRIMPONG JA
Core Terms Beta
respondents
judgment
learned trial judge
kwasi dapaah j
trial court
judgment of kwasi dapaah j
learned judge
1st defendant
ancillary reliefs
hearing notices
judgment set
learned counsel
rules of court
weight of the evidence
address of service
aforesaid judgment
argument of counsel
case of the appellant
examination of the facts
following grounds
fraudulent proof of service
in yendi skin affairs
late brother
material times
necessary materials
notice of the trial
own suit no. l
previous order of the court
quest of this appeal
respect of the said default judgment
rival cases of the parties
rule states
short history of the dispute
subject matter of the first suit
substituted service
such hearing notices
survey pillar sgga
various orders

JUDGMENT

ADJEI FRIMPONG JA

The quest of this appeal is essentially, to determine whether or not the conclusion of the  trial court that, the judgment pronounced in two previous consolidated suits was  obtained by fraud, can be justified. As it pertained in the trial court, the issue of fraud  relative to the aforesaid judgment lies at the heart of this appeal. For convenience, we first  relate the short history of the dispute as follows: 

Sometime around 1993 and 1994, two separate suits were commenced at the High Court  Accra. The first suit bearing number L 437/94 was entitled: 

FELICIA ADOFO  

VRS  

VICTOR OWUSU 

KWAKU OBENG 

MRS OBENG. 

The plaintiff in that suit was Felicia Adofo, mother and predecessor of the present  defendant/appellant (appellant). She had sought as against the three defendants, a  declaration of title and other ancillary reliefs in respect of a plot of land described as  situate at Dome Village Accra. The 1st defendant in that suit Victor Owusu is one of the  respon…

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