Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ISAAC ANTWI
V.
OBIRI YEBOAH APPIAHENE

(2021) JELR 107965 (SC)    
Supreme Court  ·  H1/16/2020 ·  24 Jun 2021 ·  Ghana
CORAM
ADJEI, J.A DODOO, J.A KOOMSON, J.A

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
judgment
fraud
high court
application
action
land
dispute
order
particulars of fraud
court
suit
grounds of fraud
ruling of the high court
abuse of the process of the court
civil procedure
subject matter
allegation ought
brief facts of the case
c8
c9 atomic hills estates
defendant’s application
disputed land
earlier suit
false statement
grantor of the defendant
high court judge
high court tema
inherent jurisdiction of the high court
inter alia
learned high court judge
lord herschell
means of fraud
particulars of the alleged fraud
plot numbers c8
present plaintiff
purposes of this appeal
said alex yamoah
said judgment
sheriff of the high court
stage strike
subject matter of auction
suit no. e1/7/2017
trial high court judge
trial judge
trite position of the law

JUDGMENT

ADJEI, J.A

The Defendant/Appellant herein who would be referred to as Defendant for the purposes of this appeal filed an application to dismiss the suit brought against him by the Plaintiff/Respondent who is also referred to as Plaintiff under Order 11 rule 18 (1)(b) and (d) of the High Court (Civil Procedure) Rules, C.I. 47 and the inherent jurisdiction of the High Court on grounds of estoppel per rem judicatam. The High Court Tema on 10th December, 2018 dismissed the Defendant’s application on the premise that the Plaintiff has alleged fraud against the judgment and that allegation ought to be investigated by the court through evidence. The Defendant dissatisfied and aggrieved by the ruling of the High Court, Tema on 31st December, 2018 filed an appeal against the said ruling.

The brief facts of the case are that the Defendant who was the Plaintiff in an earlier suit intituled Obiri Yeboah Appiahene v. Isaac Antwi and Korley Ayaa Kwabla with No AP 100/2015 High Court, Accra, …

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