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KWAME BOAKYE
V.
ANANE ASARE CIVIL APPEAL NO. 19/2003 14TH JULY, 2004

(2004) JELR 68352 (SC)

Supreme Court 14 Jul 2004 Ghana
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- The Supreme Court affirmed that a judgment obtained contrary to an out-of-court compromise, by suppressing its existence from the court, constitutes fraud sufficient to set aside the judgment—even if the fraud was not practised directly u

Case Details

Suit Number:CIVIL APPEAL NO. 19/2003
Judges:ACQUAH J.S.C. (PRESIDING),ATUGUBA J.S.C,SOPHIA AKUFFO J.S.C,ADZOE J.S.C,BADDOO J.S.C.
Counsel:MR. IVAN QUANSAH FOR APPELLANT; MR. KIZTO BEYUO FOR RESPONDENT.

J U D G M E N T

ATUGUBA J.S.C.

In this case the appellant's predecessor had sued the respondent and another in a District Court over title to some land. He obtained judgment there. However, on appeal the High Court, Sunyani reversed the said Judgment in favour of the respondent. Dissatisfied, the appellant's said predecessor appealed to the Court of Appeal.

Before the appeal could be heard the appellant's said predecessor died and the appellant was duly substituted in his stead.

The respondent maintains that after the said substitution and before the said appeal could be heard, he and the appellant had had the subject-matter of the appeal amicably compromised out of court and had even gone further to agree to have the said pending appeal with drawn.

All this notwithstanding, the respondent complains, the appellant went ahead and prosecuted the said appeal, obtaining judgment in his favour, in his (respondent's) absence.

The respondent therefore sued the appellant in the High court, sunyani,…

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