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JOHN FREEMAN DONKOR
V.
ALBERT FYNN

(2015) JELR 65584 (HC)

High Court 1 Dec 2015 Ghana
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- The plaintiff filed a claim seeking a declaration that the defendant fraudulently obtained a judgment in a previous suit. - The plaintiff alleged that the defendant represented a company that did not exist under company law in Ghana. - Th

Case Details

Suit Number:SUIT NO.TOCC/157/15
Judges:HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Counsel:KOFI BOYE ATENG FOR PLAINTIFF; AKUA ADOMA ADDAE FOR WILLIAM KUSI FOR DEFENDANT

JUDGRMENT

By his amended writ of summons and statement of claim filed on 24/05/2011, the Plaintiff herein claimed the following reliefs :

a) A declaration that Defendant Fraudulently obtained Judgment in suit Number C2/368/08 titled SMALL SCALE FINANCIAL ASSISTANCE COMPANY LTD V. 1. JOHN FREEMAN DONKOR 2. AGYIN when defendant represented that SMALL SCALE FINANCIAL ASSISTANCE COMPANY LTD was a creature known in law when the said company was unknown to company law regime in Ghana

b) A declaration that the said SMALL SCALE FINANCIAL ASSISTANCE COMPANY LTD had no capacity in law to have instituted the said action in suit C2/368/08.

c) Setting aside judgment obtained by fraud in the said suit C2/368/08 and all its consequential orders.

d) Costs.

Simply put, the case of the Plaintiff was that he was sued at the High Court in Kumasi in a suit entitled SMALL SCALE FINANCIAL ASSISTANCE COMPANY LTD v. 1. JOHN FREEMAN DONKOR and 2. Agyin Suit No: C2/368/08. Judgment was entered in favour of the said …

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