JOHN FREEMAN DONKOR
V.
ALBERT FYNN

(2015) JELR 65584 (HC)    
High Court  ·  SUIT NO.TOCC/157/15 ·  1 Dec 2015 ·  Ghana
CORAM
HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
plaintiff
defendant
court
capacity
small scale
counsel
issue
parties
court of appeal
financial assistance company ltd
court of competent jurisdiction
estoppel
instant case
defendant's counterclaim
previous proceedings
cause of action estoppel
financial assistance company ltd v
high court
issue of estoppel
said action
said company
statement of claim
subject-matter of litigation
absence of the certificate of incorporation
additional issues
ample time
answer of counsel
appiah v addai
case of the plaintiff
closing arguments
company law regime
current stage
financial assistance company ltd vrs
following reliefs
honourable court
issue of plaintiff
judicial authorities
knowledge of the parties
local court
outstanding balance of monies plaintiff
plaintiff's case
res judicata
respect of the reliefs
rule of estoppel
said suit c2
setting aside judgment
suit c2
suit number c2
supreme court

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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