SOPHIA ADINYIRA (Mrs.) JSC:
I start this judgment with a prefix,
“The judicial edifice was not construed
to lend ear to every cry of fraud
from suitors who had lost on the merits.”
(Per Francois JSC in Dzotepe v. Hahormene [1987-88] 2 GLR 681 at 701)
This is an appeal by Mr. Osei Ansong and Passion International School, the Plaintiffs/Respondents/Appellant (hereafter Plaintiffs) from the judgment of the Court of Appeal dated 28 October 2011 which allowed an appeal by the Ghana Airports Ltd, the Defendant/Appellant/Respondent (hereafter Defendant) against the ruling of the High Court, Kumasi dated 12 November 2010 presided over by Adzagli J. In that decision Adzagli J dismissed an application brought by the Defendant to set aside a writ issued by the Plaintiffs on the ground of abuse of court process.
Background
The Defendant in an earlier writ Suit No IRL/51/2010 dated 22 September 2010 before the High Court Kumasi claimed against the Plaintiffs the following reliefs:
a) a declaration that th…