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RICHARD ADOM FRIMPONG
V.
MAJOR MCDORBIE

(2014) JELR 68710 (SC)

Supreme Court 12 Nov 2014 Ghana
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- The applicant filed a motion to stay the execution of a ruling by the Court of Appeal. - The applicant claimed that the High Court judgment, confirmed by the Supreme Court, was obtained through a fraudulent document and therefore is null

Case Details

Suit Number:CIVIL APPEAL NO.J8/79/2014
Judges:AKOTO BAMFO (MRS) J.S.C.
Counsel:NKRABEA EFFAH DARTEY ESQ.WITH HIM AUGUSTINE ASFO- ADJEI FOR THE PLAINTIFF/APPLICANT; T. N WARD BREW ESQ. WITH HIM ELIZABETH WARD BREW FOR THE DEFENDANT/RESPONDENT

JUDGMENT

AKOTO BAMFO (MRS), J.S.C:-

On the 14th of July 2014, the applicant herein filed this motion for an order ‘’to stay execution of the Ruling of the court of Appeal’’ on the grounds stated in the supporting affidavit.

The said affidavit sets out in detail the events that culminated into the present application

The applicant averred that 2 suits involving him, the respondent and one other over the same subject matter, the land in dispute, were consolidated and tried by the High Court. Judgment went in favour of the respondent herein. The applicant appealed against the decision to the Court of Appeal which reversed same. Upon an appeal filed by the respondent, the Supreme Court, on 30th January 2013 pronounced on the matter, set aside the judgment of the Court of Appeal and restored the decision of the High Court.

Thereafter the applicant made a discovery that the High Court judgment was obtained by fraud and therefore commenced a fresh action in the High Court for these declaratory re…

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